Daniel’s Law Faces Constitutional scrutiny as New Jersey Considers Legislation
Newark, NJ – The future of Daniel’s Law in New jersey hangs in the balance as the United States Court of Appeals for the Third Circuit considers challenges to the law’s constitutionality, even as proposed legislation mirroring the law was introduced in the New Jersey State Senate on November 13, 2025. The unfolding legal battle and legislative efforts create a complex scenario where a court ruling could preempt the need for the new bill, or necessitate its revision.
Daniel’s Law, designed to protect individuals from the unauthorized sale of their biometric data, has become a focal point for companies operating in the consumer data marketing space. The law’s core tenet – restricting the sale of biometric information – has sparked legal challenges questioning its adherence to constitutional principles. Should the Third Circuit deem the existing law unconstitutional, the pending legislation would likely be rendered moot, though the New Jersey State Legislature could still pursue a revised version addressing the court’s concerns.
The legislation’s introduction comes as companies grapple with a growing patchwork of similar biometric privacy laws across the contry.Attorneys at Klein Moynihan Turco (KMT) have been closely monitoring these developments, advising clients on compliance with Daniel’s Law and analogous statutes in other jurisdictions, including West Virginia and Pennsylvania, as well as broader state and federal privacy regulations.
KMT notes that the outcome of the Third Circuit’s review will significantly impact businesses handling consumer biometric data. The firm regularly advises clients on navigating these complex legal landscapes, offering guidance on data handling practices and potential liabilities.
Followers of this issue can expect further updates as the Daniel’s Law legislation progresses through the New Jersey legislative process and as the Third Circuit delivers its ruling.
Related Coverage:
* Federal Court Moonwalks Over West Virginia’s Daniel’s Law
* Recent Daniel’s Law Lawsuit
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