BILL NUMBER: S3827A
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the state technology law, in relation to banning the use
of biometric identifying technology in schools
 
PURPOSE OR GENERAL IDEA OF BILL:
To implement a legislative ban on the use and purchase of certain biome-
tric identifying technology, such as facial recognition technology, to
protect student privacy, avoid biased and discriminatory surveillance
and disciplinary practices, and prevent unnecessary data collection
which risks leaks of private personally identifiable student informa-
tion.
 
SUMMARY OF PROVISIONS:
Section 1 amends the state technology law to forbid public, private, and
charter elementary and secondary schools from purchasing or utilizing
biometric identifying technology, with the exceptions of certain finger-
print identification and with the written consent of employees or their
labor organization.
Section 2 is the effective date.
 
JUSTIFICATION:
Biometric identifying technology, such as facial recognition technology,
is driven by extensive data collection and storage, and its usage in
schools would require the collection of extensive and sensitive biome-
tric data on each student, faculty member, and visitor. This practice is
in direct conflict with the NYS Education Law, which requires schools to
promote the least intrusive data collection policies practicable that
advance the goals of improving academic achievement, empowering parents
with information, and advancing efficient and effective school oper-
ations.
Although the proponents of biometric identifying technology claim the
use of facial recognition technology promotes school safety, facial
recognition technology has not been proven to improve school safety.
Instead, it unnecessarily infringes upon student, faculty, and visitor
privacy.
Furthermore, biometric identifying technology has shown a tendency to
misidentify people of color and exacerbate pre-existing racially discri-
minatory practices. Therefore, in order to prevent discriminatory
surveillance and disciplinary practices, prevent the unnecessary
collection and storage of sensitive personally identifiable information
of students, and protect New Yorkers' right to privacy, the usage and
purchase of biometric identifying technology by schools should be
banned.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S.7944 (Hoylman-Sigal), Died in committee
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.