Bill Text: NJ S4133 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes "Smart Camera Protection Act."
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-11 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S4133 Detail]
Download: New_Jersey-2026-S4133-Introduced.html
Sponsored by:
Senator ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Establishes "Smart Camera Protection Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain private outdoor video surveillance cameras 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. This act shall be known and may be cited as the "Smart Camera Protection Act."
2. As used in this act:
"Enhanced surveillance feature" means any feature of a private outdoor video surveillance camera that enables the camera to share, aggregate, or participate in a network or system that collects or shares video, audio, metadata, alerts, or other surveillance information with any party other than the user or those devices registered to or owned by the user.
"Manufacturer" means a person engaged in the business of manufacturing, assembling, or controlling the design, hardware, or software configuration, including default settings, of a private outdoor video surveillance camera.
"Private outdoor video surveillance camera" or "camera" means a device installed outside a residence or business that captures video footage of areas outside the residence or business for security or monitoring purposes.
"User" means a person who owns, leases, installs, or exercises control over a private outdoor video surveillance camera.
3. a. A manufacturer of a private outdoor video surveillance camera that is sold, offered for sale, distributed, or installed in this State, whether directly or through a distributor or retailer, that includes an enhanced surveillance feature shall:
(1) ensure that the feature is set to "off" by default in the device's hardware and software configuration at the time of initial activation or device reset, or following any software or firmware update that introduces or materially modifies the feature; and
(2) require a user to affirmatively opt in to activate the enhanced surveillance feature through a standalone consent screen that is clearly and conspicuously presented during device setup or upon installation of an update that introduces or materially modifies the feature.
b. The consent screen required pursuant to subsection a. of this section shall:
(1) clearly describe the specific categories of data that will be collected, analyzed, retained, or shared;
(2) identify all persons or entities, including third parties and government entities, with whom the data may be shared or disclosed; and
(3) state the purposes for which the data will be used.
c. The option to decline the activation of an enhanced surveillance feature shall be displayed with equal prominence as the option to accept the activation of an enhanced surveillance feature.
d. A manufacturer of a private outdoor video surveillance camera that includes an enhanced surveillance feature shall not use false, misleading, coercive, or deceptive language, design, or framing in the consent or activation process, including language suggesting adverse consequences that are not reasonably necessary to the basic operation of the device.
e. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any manufacturer of a private outdoor video surveillance camera to fail to comply with the provisions set forth in this section.
4. a. The provisions of this act shall apply to any private outdoor video surveillance camera that:
(1) is sold, offered for sale, distributed, or installed at any time in this State; or
(2) was installed in this State at any time in which the camera receives a software, firmware, or other system update that introduces, enables, or materially modifies an enhanced surveillance feature.
b. For any private outdoor video surveillance camera installed in this State before the effective date of this act that previously collected, generated, or retained data through the operation of an enhanced surveillance feature, the manufacturer shall:
(1) present the user with the consent screen required pursuant to section 3 of this act within 60 days following the effective date of this act or during the next software or firmware update, whichever occurs first; and
(2) delete any data previously collected, generated, or derived from the operation of the enhanced surveillance feature for any user who declines the activation of the enhanced surveillance feature within 30 days of being presented with the consent screen.
5. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement this act.
6. 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 in the
Department of Law and Public Safety may take any advance administrative action
as may be necessary to implement the provisions of this act.
STATEMENT
This bill establishes the "Smart Camera Protection Act" to regulate the manufacturing of private outdoor video surveillance cameras that include an enhanced surveillance feature.
Under the bill, an "enhanced surveillance feature" is defined as a feature of a private outdoor video surveillance camera that enables the camera to share, aggregate, or participate in a network or system that collects or shares video, audio, metadata, alerts, or other surveillance information with any party other than the user or those devices registered to or owned by the user.
The bill requires manufacturers of a private outdoor video surveillance camera that is sold, offered for sale, distributed, or installed in this State, whether directly or through a distributor or retailer, that includes an enhanced surveillance feature to: ensure that enhanced surveillance features are set to "off" by default at initial activation, after a device reset, or following a software or firmware update that introduces or materially modifies the feature; and obtain a user's affirmative opt in consent through a clear and conspicuous standalone consent screen before activation.
The consent screen required pursuant to the provisions of this bill is to: describe the categories of data collected, analyzed, retained, or shared; identify all persons or entities, including third parties and government entities, with whom the data may be disclosed; and state the purposes for which the data will be used.
The bill further requires that the option to decline the activation of an enhanced surveillance feature of a camera is to be displayed with equal prominence as the option to accept the activation of an enhanced surveillance feature. Additionally, the bill prohibits a manufacturer from using false, misleading, coercive, or deceptive language, design, or framing in the consent or activation process, including language suggesting adverse consequences that are not reasonably necessary to the basic operation of the device.
The provisions of this bill apply to any private outdoor video surveillance camera sold, offered for sale, distributed, or installed at any time in this State, or to cameras installed in this State at any time in which the camera receives a software, firmware, or other system update that introduces, enables, or materially modifies an enhanced surveillance feature. Additionally, for cameras installed before the effective date of this bill that previously collected data through an enhanced surveillance feature, the manufacturer is required to present the user with a consent screen within 60 days following the effective date of this act or during the next software or firmware update, whichever occurs first, and delete any data previously collected from the enhanced surveillance feature for users who decline activation within 30 days of being presented with the consent screen.
A violation of the bill's provisions is an unlawful practice under the consumer fraud act, 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.
