NJ, US · AI law tracker
S3499 — NJ, US
S3499 is an AI governance legislation from NJ, currently introduced. New Jersey's S3499 proposes to prohibit the use of facial recognition technology on consumers, with limited exceptions for legitimate safety purposes [1]. AIGI tracks 1 primary-source update on this bill; the most recent was published on 2023-01-26.
Status & timeline
- Regulatory stage
- introduced
- Authority / governing body
- New Jersey State Legislature
- Document type
- legislation
Next deadline: No fixed deadline — currently in legislative review by the Senate Commerce Committee.
Subscriber only
Full obligation matrix
| Actor | Obligation | Deadline | Source |
|---|---|---|---|
| deployer | Refrain from using facial recognition technology on consumers for purposes other than legitimate safety. | — | — |
| deployer | Ensure that any use of facial recognition technology on consumers is solely for a legitimate safety purpose. | — | — |
Subscriber only
Enforcement risk score
Announced regulation; enforcement footprint still forming.
Subscriber only
Role-based compliance checklist
- compliance_officer Monitor the progress of NJ S3499 through the legislative process.
- general_counsel Evaluate current uses of facial recognition technology on consumers to determine if they align with a 'legitimate safety purpose' standard.
- cto Assess technical capabilities to restrict or modify facial recognition deployments if the bill becomes law, ensuring compliance with specified safety-only uses.
Subscriber only
Vendor impact assessment
- Vendor risk class
- high
- Procurement categories
- facial_recognition, security_tooling
Vendors providing facial recognition technology to New Jersey businesses will need to ensure their solutions can be limited to or explicitly designed for legitimate safety purposes only, affecting their product offerings and deployment guidance. This may require configurable restrictions on use cases.
Sample vendor questions
- How does your facial recognition technology differentiate between safety and non-safety use cases?
- What measures do you have in place to ensure compliance with 'legitimate safety purpose' restrictions in jurisdictions like New Jersey?
- Can your system be configured to disable or restrict facial recognition for consumer-facing applications that do not meet specific safety criteria?
- What documentation can you provide to demonstrate that your FRT adheres to privacy-by-design principles and minimizes data collection for safety-specific uses?
Intelligence briefs (1)
NJ S3499: Prohibits Consumer Facial Recognition Except for Safety
New Jersey's S3499 proposes to prohibit the use of facial recognition technology on consumers, with limited exceptions for legitimate safety purposes [1].
This signals a legislative intent to restrict a specific biometric technology, bearing on privacy and deployer obligations for organizations operating in New Jersey.
Deadline: No fixed deadline — currently in legislative review by the Senate Commerce Committee.
Primary source →Frequently asked questions
- What is S3499?
- New Jersey's S3499 bill, currently in the Senate Commerce Committee, seeks to prohibit the use of facial recognition technology on consumers [1]. This prohibition includes all applications unless a legitimate safety purpose is identified [1]. This legislative effort reflects a growing focus on consumer privacy in the context of emerging technologies. The bill's status indicates it is undergoing legislative review, signaling potential future restrictions in this domain. Primary source →
- Why does S3499 matter?
- This signals a legislative intent to restrict a specific biometric technology, bearing on privacy and deployer obligations for organizations operating in New Jersey. Primary source →
- Who does S3499 affect?
- Organizations utilizing facial recognition technology on consumers within the state of New Jersey are within scope. This includes entities in retail, hospitality, entertainment, and other sectors that might deploy such systems for customer identification, marketing, or access control. Businesses developing or integrating facial recognition solutions should note the proposed limitations and consider the potential impact on their operational models. Primary source →
- What are the key dates for S3499?
- No fixed deadline — currently in legislative review by the Senate Commerce Committee. Primary source →
- What is the current status of S3499?
- As of the last published update, S3499 is at the "introduced" stage. Primary source →
- Where can I find the primary source for S3499?
- The primary source for the most recent update is at https://www.njleg.state.nj.us/bill-search/2022/S3499. AIGI publishes the full citation chain plus every approved brief on this bill. Primary source →
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