Technology (Consumer Data Protection)

This bill establishes rules for how employers and public service providers in New Jersey can use artificial intelligence and electronic monitoring tools to make decisions about hiring, firing, and providing services. It specifically defines these technologies, such as systems that analyze data to predict job performance or determine eligibility for public benefits, and sets requirements for their use. The legislation mandates that these systems must be regularly audited by independent experts to ensure they do not discriminate and that workers have access to information about how these tools affect their employment or services. Additionally, the bill clarifies what constitutes biometric data and outlines protections for employees regarding surveillance and data collection practices.

S 3268 prohibits stores, restaurants, and other public venues from using facial recognition technology on customers, except when needed for genuine safety reasons like preventing violence. It defines "facial recognition" as software that identifies people by face or tracks their movements/emotions, and "legitimate safety purpose" as actions that reduce risks to life or safety. Businesses violating this law face fines up to $20,000 per offense or court-ordered penalties. The bill applies to any public place selling goods or services, including entertainment venues.

S 125 prohibits state employees, contractors, and state-issued devices (including phones, computers, and tablets) from downloading or using the TikTok app or visiting its website. This applies to all state agencies and entities working with the state, with violations punishable by fines up to $1,000 or six months in jail. The bill includes an exception for law enforcement officers using TikTok in investigations, requiring the Attorney General to create specific guidelines for such use. The law aims to address data security concerns raised by the FBI regarding TikTok's parent company, ByteDance, and potential data access by foreign entities.

S 1464 prohibits businesses in New Jersey from using face recognition or other biometric surveillance technology on consumers at their physical locations, except when they provide clear notice (like a posted sign) and use it for lawful purposes. Businesses must explain their use of such technology to deny access or remove a consumer, and cannot sell or profit from the collected biometric data. If enacted, violations would be unlawful under consumer fraud laws, potentially leading to fines up to $20,000 per offense. The bill directly affects businesses operating physical locations and their interactions with consumers. (Introduced January 13, 2026; pending in Senate Law and Public Safety Committee).