Bill Text: NY S05140 | 2019-2020 | General Assembly | Amended

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2020-12-22 - approval memo.53 [S05140 Detail]

Download: New_York-2019-S05140-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                     April 11, 2019

        Introduced  by Sens. KAVANAGH, BIAGGI, KRUEGER, MYRIE, RAMOS, SALAZAR --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on  Education  --  committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          recommitted  to  the  Committee on Education in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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.
    16    c.  "facial  recognition"  shall  mean  any tool using an automated or
    17  semi-automated process that assists in uniquely identifying or verifying
    18  a person by comparing and analyzing patterns based on the person's face.
    19    2. Public and nonpublic elementary and  secondary  schools,  including
    20  charter schools, shall be prohibited from purchasing or utilizing biome-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5140--B                          2

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

        S. 5140--B                          3

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