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.

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Full obligation matrix

ActorObligationDeadlineSource
deployerRefrain from using facial recognition technology on consumers unless for a legitimate safety purpose.

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Enforcement risk score

0
/ 100

Hypothetical or aspirational; no enforcement signal yet.

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Role-based compliance checklist

  • general_counsel Monitor the progress of NJ S3499 through the legislative process.
  • product_manager Identify all consumer-facing applications of facial recognition technology within the organization.
  • compliance_officer Assess if current or planned uses of facial recognition technology on consumers qualify as a 'legitimate safety purpose' according to the proposed bill's intent.

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Vendor impact assessment

Vendor risk class
high
Procurement categories
facial_recognition, security_tooling

Vendors providing facial recognition solutions for consumer-facing applications must demonstrate clear capabilities to restrict use to legitimate safety purposes as defined by future regulation. Organizations should scrutinize vendor contracts and technical capabilities closely.

Sample vendor questions

  1. Does your facial recognition technology differentiate between safety and non-safety applications when deployed on consumers?
  2. How does your solution help us comply with restrictions on consumer facial recognition use, such as those related to 'legitimate safety purposes'?
  3. Can your FRT solution be configured to limit its application strictly to identified safety scenarios for New Jersey consumers?

Intelligence briefs (1)

legislation 1/26/2023

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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