New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5351

Introduced
3/30/23  

Caption

Prohibits collection of biometric identifier information by public or private entity under certain circumstances.

Impact

A5351 establishes significant penalties for violations, with a civil administrative penalty of $5,000 for first-time offenders and $10,000 for subsequent violations. Furthermore, a pattern of five or more violations within a thirty-day period could elevate offenses to a fourth-degree crime, which may carry additional penalties including fines and imprisonment. This approach not only aims to deter unlawful collection practices but also emphasizes the urgency of establishing privacy controls amidst increasing biometric surveillance technologies in everyday life.

Summary

Assembly Bill A5351, introduced in the New Jersey Legislature, aims to regulate the collection of biometric identifier information by both public and private entities. Under this bill, entities are prohibited from collecting, retaining, converting, storing, or sharing biometric information unless they provide clear and conspicuous notice in plain language at common entry points. The definition of 'biometric identifier information' includes data gathered through various biometric methods, such as facial recognition, fingerprinting, and voice recognition. The bill seeks to address the growing concerns surrounding privacy and the misuse of biometric data in surveillance applications.

Contention

The bill's introduction has sparked debates regarding the balance between public safety and individual privacy rights. Supporters argue that these measures are necessary to protect personal data in an age where biometric surveillance is becoming common. On the other hand, some critics express concerns about the potential overreach of such regulations, arguing that strict limitations may hinder legitimate uses of biometric technology by law enforcement and other vital public services. This contention underscores the ongoing conversation about the role of technology in society and the need for robust privacy safeguards.

Companion Bills

No companion bills found.

Previously Filed As

NJ A1488

Prohibits collection of biometric identifier information by public or private entity under certain circumstances.

NJ S3181

Prohibits collection of biometric identifier information by public or private entity under certain circumstances.

NJ A1494

Prohibits use of biometric surveillance system by business entity under certain circumstances.

NJ A5599

Prohibits use of biometric surveillance system by business entity under certain circumstances.

NJ S3182

Prohibits use of biometric surveillance system by business entity under certain circumstances.

NJ HB3647

Biometric information; the Biometric Information Privacy Act; private entities; policy; identifiers; information; dissemination; standards; right of action; recovery; effective date.

NJ SB1238

Biometrics identifiers; collection; retention; disclosure

NJ HB4705

Relating to collection and use of biometric identifiers and biometric information.

NJ HB1130

Privacy of Biometric Identifiers & Data

NJ HB4423

Relating to the collection, possession, or use of biometric identifiers and biometric information.

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