Prohibits use of biometric surveillance system by business entity under certain circumstances.
Impact
If enacted, SB 3182 will significantly modify state laws related to consumer rights and data privacy. It will prevent businesses from deploying biometric surveillance systems without prior notification, thereby enhancing consumer protections. Furthermore, the bill addresses the legal ramifications of violations, designating non-compliance as an unlawful practice under the New Jersey Consumer Fraud Act. This may result in substantial monetary penalties, with fines up to $20,000 for repeated offenses, and potential punitive damages assessed by the Attorney General.
Summary
Senate Bill 3182 aims to regulate the use of biometric surveillance systems by business entities, particularly in settings where consumers are present. The bill establishes that it is unlawful for any business to utilize biometric surveillance systems, like facial recognition software, on consumers at their physical premises without adhering to specific regulations. Required conditions include providing clear notice to consumers about the use of such systems and ensuring that the implementation serves a lawful purpose. This includes posting conspicuous signs indicating the presence of such technology in operation areas.
Contention
There are potential points of contention surrounding SB 3182, particularly regarding the balance between security and privacy. Proponents of the bill argue that it is a necessary measure to protect consumers from invasive surveillance practices that could lead to unauthorized data usage and discrimination. However, opponents might express concern that stringent regulations could hinder businesses' ability to employ technology that enhances security and customer service. The effectiveness and implications of these regulations, such as the operational challenges businesses may face in compliance, will likely fuel debate among stakeholders as the bill progresses.
Prohibits the use of biometric surveillance system or biometric surveillance information in places of public accommodation; prohibits entering into any agreement that authorizes any third party to use any biometric surveillance system or biometric surveillance information; provides penalties for violations.