S4802

An Act concerning wearable recording devices and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Visual indicator” means a visual signal including, but not limited to, an illuminated light that indicates when a wearable recording device is capturing sound or video.

“Wearable recording device” means a device designed to be worn on or attached to the body that has the capability to make sound or video recordings or transmit data received by the device to another device, the Internet, or any cloud-based service. The term shall not include a “body worn camera,” as defined in section 1 of P.L.2020, c.129 (C.40A:14-118.5), or any similar device used by law enforcement in this State.

2. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to manufacture, sell, offer for sale, distribute, or otherwise provide in this State a wearable recording device unless the device:

a. is equipped with a visual indicator that automatically activates whenever the device is capturing sound or video;

b. displays the visual indicator continuously for the duration of the time that device is capturing sound or video;

c. displays the visual indicator in a manner that is reasonably visible to an average person in the vicinity of an individual wearing the device; and

d. is designed so that the visual indicator cannot be disabled, obscured, or otherwise circumvented while the device is capturing sound or video.

3. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to manufacture, sell, offer for sale, distribute, or otherwise provide in this State any device, software, application, firmware, or other technology that is designed for the primary purpose of disabling, obscuring, or otherwise circumventing the operation of a visual indicator required by section 2 of this act.

4. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person who sells or offers for sale a wearable recording device to fail to provide the purchaser, at the time of sale, with instruction concerning:

(1) the proper operation of the wearable recording device; and (2) the requirements of this act concerning the visual indicator as set forth in section 2 of this act.

b. The instruction required pursuant to subsection a. of this section shall be provided through:

(1) an in-person demonstration conducted by the seller or the seller’s representative;

(2) a video tutorial made available to the purchaser at the time of sale; or

(3) any other method approved by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

5. Nothing in this act shall be construed to limit, modify, expand, or supersede the provisions of P.L.2020, c.129 (C.40A:14-118.5 et seq.), or any rules or regulations adopted pursuant thereto.

6. The Director of the Division of Consumer Affairs shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the provisions of this act including, but not limited to, requirements concerning the content and manner of providing instruction and any recordkeeping requirements necessary to demonstrate compliance with the provisions of section 4 of this act.

7. This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Director of the Division of Consumer Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill establishes certain requirements for manufacturers and retail sellers of wearable recording devices.

Under the bill, the term “wearable recording device” is defined as a device designed to be worn on or attached to the body that has the capability to make sound or video recordings or transmit data received by the device to another device, the Internet, or any cloud-based service. The term does not include a body worn camera or any similar device used by law enforcement in this State.

The bill prohibits any person from manufacturing, selling, offering for sale, distributing, or otherwise providing in this State a wearable recording device unless the device: (1) is equipped with a visual indicator that automatically activates whenever the device is capturing sound or video; (2) displays the visual indicator continuously for the duration of the time that device is capturing sound or video; (3) displays the visual indicator in a manner that is reasonably visible to an average person in the vicinity of an individual wearing the device; and (4) is designed so that the visual indicator cannot be disabled, obscured, or otherwise circumvented while the device is capturing sound or video.

Additionally, the bill prohibits any person from manufacturing, selling, offering for sale, distributing, or otherwise providing in this State any device, software, application, firmware, or other technology that is designed for the primary purpose of disabling, obscuring, or otherwise circumventing the operation of a visual indicator required pursuant to this bill.

This bill requires sellers of wearable recording devices to provide the purchaser, at the time of sale, with instruction concerning: (1) the proper operation of the wearable recording device; and (2) the requirements concerning the visual indicator required pursuant to the bill. The instructions required under the bill are to be provided through: (1) an in-person demonstration conducted by the seller or the seller’s representative; (2) a video tutorial made available to the purchaser at the time of sale; or (3) any other method approved by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

The provisions of this bill are not to be construed to limit, modify, expand, or supersede the provisions concerning the use of body worn cameras by law enforcement in this State or any rules or regulations adopted pursuant thereto.

A violation of the bill’s provisions is a violation of the consumer fraud act, which is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations may result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.