•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

A06787 Summary:

COSPNSREpstein, Mosley, Miller MG, Simon, Gottfried, Rosenthal L, Reyes, Otis, Simotas, Quart, Kim, Rodriguez, Fahy, Abinanti, Weprin, Ortiz, Colton
MLTSPNSRBraunstein, De La Rosa, Nolan
Add §2-e, Ed L
Directs the commissioner of education to conduct a study on the use of biometric identifying technology; prohibits the use of biometric identifying technology in schools until July 1, 2022 or until the commissioner authorizes such purchase or utilization, whichever occurs later.
Go to top

A06787 Text:

                STATE OF NEW YORK
                                                                Cal. No. 245
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 20, 2019
        Introduced  by  M.  of A. WALLACE, EPSTEIN, MOSLEY, M. G. MILLER, SIMON,
          FAHY,  ABINANTI,  WEPRIN, ORTIZ, COLTON -- Multi-Sponsored by -- M. of
          A.  BRAUNSTEIN, DE LA ROSA, NOLAN -- read once  and  referred  to  the
          Committee  on Education -- committee discharged, bill amended, ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee -- ordered to a third  read-
          ing,  amended  and ordered reprinted, retaining its place on the order
          of third reading -- again amended on third reading, ordered reprinted,
          retaining its place on the order of third reading
        AN ACT to amend the education law, in relation to the use  of  biometric
          identifying technology
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new section 2-e to
     2  read as follows:
     3    § 2-e. Use of biometric identifying technology. 1.  As  used  in  this
     4  section:
     5    a.  "biometric  identifying  technology"  shall mean any tool using an
     6  automated or semi-automated process that assists in verifying a person's
     7  identity based on a person's biometric information.
     8    b. "biometric information" shall mean any measurable physical, physio-
     9  logical or behavioral characteristics that are attributable to a person,
    10  including but not limited to facial characteristics, fingerprint charac-
    11  teristics, hand characteristics, eye characteristics,  vocal  character-
    12  istics,  and  any  other  characteristics that can be used to identify a
    13  person including, but are  not  limited  to:  fingerprints;  handprints;
    14  retina  and  iris  patterns; DNA sequence; voice; gait; and facial geom-
    15  etry.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6787--D                          2
     1    c. "facial recognition" shall mean any  tool  using  an  automated  or
     2  semi-automated process that assists in uniquely identifying or verifying
     3  a person by comparing and analyzing patterns based on the person's face.
     4    2.  Public  and  nonpublic elementary and secondary schools, including
     5  charter schools, shall be prohibited from purchasing or utilizing biome-
     6  tric identifying technology for any purpose, including school  security,
     7  until  July  first,  two  thousand  twenty-two or until the commissioner
     8  authorizes such purchase or utilization as provided in subdivision three
     9  of this section, whichever occurs later.
    10    3. a. The commissioner shall not authorize the purchase or utilization
    11  of biometric identifying technology, including but not limited to facial
    12  recognition technology, without  first  issuing  a  report  prepared  in
    13  consultation  with the department's chief privacy officer, making recom-
    14  mendations as to the circumstances in  which  the  utilization  of  such
    15  technology is appropriate in public and nonpublic elementary and second-
    16  ary schools, including charter schools, and what restrictions and guide-
    17  lines should be enacted to protect individual privacy, civil rights, and
    18  civil liberty interests.  Such report shall be made public and presented
    19  to  the governor, the temporary president of the senate, and the speaker
    20  of the assembly, and shall consider, evaluate  and  present  recommenda-
    21  tions concerning:
    22    i.  the  privacy  implications  of collecting, storing, and/or sharing
    23  biometric information of students, teachers, school  personnel  and  the
    24  general public entering a school or school grounds;
    25    ii. the potential impact of the use of biometric identifying technolo-
    26  gy  on  student  civil liberties and student civil rights, including the
    27  risks and implications of the technology resulting in false facial iden-
    28  tifications, and whether  the  risks  of  false  facial  identifications
    29  differs  for  different subgroups of individuals based on race, national
    30  origin, gender, age and other factors, and any other reasonable accuracy
    31  concerns with respect to technology;
    32    iii. whether, and under what circumstances,  such  technology  may  be
    33  used  for  school  security  and the effectiveness of such technology to
    34  protect students and school personnel;
    35    iv. whether, and under what circumstances and in what manner, informa-
    36  tion collected may be used by schools and shared with students,  parents
    37  or guardians, outside agencies including law enforcement agencies, indi-
    38  viduals, litigants, the courts, and any other third parties;
    39    v. the length of time biometric information may be retained and wheth-
    40  er,  and  in  what manner, such information may be required to be perma-
    41  nently destroyed;
    42    vi. the risk of an unauthorized breach of  biometric  information  and
    43  appropriate consequences therefor;
    44    vii.  expected maintenance costs resulting from the storage and use of
    45  facial recognition images and other biometric information, including the
    46  cost of  appropriately  securing  sensitive  data,  performing  required
    47  updates to protect against an unauthorized breach of data, and potential
    48  costs associated with an unauthorized breach of data;
    49    viii.  analysis  of other schools and organizations, if any, that have
    50  implemented facial recognition technology and other biometric  identify-
    51  ing technology programs;
    52    ix. the appropriateness and potential implications of using any exist-
    53  ing databases, including but not limited to, local law enforcement data-
    54  bases, as part of biometric identifying technology;
    55    x.  whether,  and in what manner such biometric identifying technology
    56  should be assessed and audited, including but  not  limited  to,  vendor

        A. 6787--D                          3
     1  datasets,  adherence  to  appropriate standards of algorithmic fairness,
     2  accuracy, and other  performance  metrics,  including  with  respect  to
     3  subgroups of persons based on race, national origin, gender, and age;
     4    xi.  whether, and in what manner, the use of such technology should be
     5  disclosed by signs and the like in such schools, as well as communicated
     6  to parents, guardians, students, and district residents; and
     7    xii. existing legislation, including but not limited to section 2-d of
     8  this article, that may be implicated by or in  conflict  with  biometric
     9  technology  to  ensure  the maintenance of records related to the use of
    10  such technology, protect the privacy interests  of  data  subjects,  and
    11  avoid any breaches of data.
    12    b.  The  commissioner shall consult with stakeholders and other inter-
    13  ested parties when preparing such  report.  The  office  of  information
    14  technology,  the  division of criminal justice services, law enforcement
    15  authorities and the state university of New York and the city university
    16  of New York shall, to  the  extent  practicable,  identify  and  provide
    17  representatives  to  the department, at the request of the commissioner,
    18  in order to participate in the development and drafting of such report.
    19    4. The commissioner shall, via scheduled  public  hearings  and  other
    20  outreach  methods,  seek  feedback from teachers, school administrators,
    21  parents, individuals with expertise in school safety and  security,  and
    22  individuals  with  expertise  in data privacy issues and student privacy
    23  issues, and individuals with expertise in civil rights and civil  liber-
    24  ties prior to making such recommendations.
    25    § 2. This act shall take effect immediately.
Go to top