New Jersey lawmakers are considering bills to restrict or ban facial recognition in retail stores. Here’s what S3499 and related proposals could mean for shoppers and businesses.
By Exit Desk
New Jersey lawmakers are taking a harder look at how stores across the state use facial recognition and other biometric surveillance tools, as multiple bills continue to circulate in Trenton aimed at limiting or outright banning the technology in private businesses.
While New Jersey’s Data Privacy Law — taking effect January 15, 2025 — sets rules for how companies collect and store personal data, it does not directly regulate retail facial recognition systems, which have quietly expanded in grocery chains, pharmacies, and big-box stores. That gap is driving renewed legislative interest, spurred by concerns about false identifications, civil rights issues, and the lack of transparency around how biometric data is being used.
Senate Bill 3499: The Major Retail-Focused Proposal
The most significant bill is Senate Bill 3499 (S3499), introduced in the 2022–2023 session by Senator Kristin M. Corrado and still active in committee discussions as of late 2025.
S3499 would prohibit private businesses — including retailers — from using facial recognition on consumers unless it is for a “legitimate safety purpose.”
This exception is intentionally narrow and is not intended for routine loss-prevention or store watchlists.
Key definitions in S3499 include:
- “Facial recognition”: Any automated or semi-automated system that identifies someone based on facial characteristics or logs those traits for profiling.
- “Biometric surveillance systems”: Broader tools capable of analyzing physical or behavioral traits from a distance (e.g., gait analysis).
Violations would be treated as unlawful practices under the New Jersey Consumer Fraud Act, opening the door to civil penalties, Attorney General enforcement, and private lawsuits.
The bill remains in the Senate Commerce Committee, but privacy advocates — including the ACLU-NJ — have pushed for action following recent national scrutiny of retail biometric systems.
Earlier Bills That Influence the Current Debate
Senate Bill 1715 (S1715)
Introduced in 2022, S1715 sought to restrict government use of facial recognition without strict judicial oversight.
While it did not advance, the concept resurfaced in 2025 discussions on real-time biometric scanning and database sharing between police and private retailers.
Assembly Bill 4211 (A4211)
This 2020 bill proposed a moratorium on law enforcement use of biometric surveillance until a state “Biometric Surveillance Regulation Commission” could study accuracy, bias, transparency requirements, and auditing standards.
Though A4211 expired, its framework influenced ongoing 2025 hearings about:
- cross-agency data sharing
- whether private-sector systems feed into law enforcement tools
- statewide guardrails for emerging biometric technologies
Assembly Bill 3625 (A3625)
A pending employment-focused proposal that would require:
- written consent before employers collect biometrics
- clear retention and deletion policies
- bans on selling or transferring biometric data
Although aimed at workplaces, it could affect retail chains that scan employees or contractors, adding another layer of compliance.
Why Lawmakers Are Moving Now
Several factors have increased pressure on Trenton:
- National enforcement actions, including the FTC settlement involving Rite Aid, over improper facial recognition use
- Consumer complaints about false theft flags in self-checkout environments
- Concerns about children and teens being scanned without consent
- Ongoing legal precedent, including New Jersey v. Arteaga (2023), which requires law enforcement to disclose facial recognition details in court — signaling stronger judicial scrutiny of biometric evidence
Together, these trends suggest New Jersey may be preparing to adopt one of the strictest regulatory frameworks in the country for commercial facial recognition.
What It Means for Shoppers
If even one of the proposed bills moves forward:
- Stores may need to post notices, obtain consent, or remove biometric systems entirely.
- Retailers using AI-driven watchlists or customer tracking tools would face new restrictions or possible bans.
- Shoppers could gain stronger rights to know when and how they are being scanned.
For the latest updates, residents can monitor the New Jersey Legislature website or contact their local representatives as committee sessions resume in early 2026.
📅 Posted: December 3, 2025
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