BILL NUMBER:  S6824

 TITLE OF BILL :

An act to amend the education law, in relation to requiring the
commissioner of education to cause all schools to obtain written
permission prior to collecting biometric information on pupils

 PURPOSE :

The purpose of the legislation is to ensure the biometric information
of students is not collected by schools without the prior written
consent of their parents or guardians.

 SUMMARY OF PROVISIONS :

Section one amends section 305 of the education law by adding a new
subdivision 42, which provides the commissioner of education shall
require all school districts and charter schools to obtain written
consent from parents or guardians of pupils before collecting
biometric information (i.e., intrinsic physical and/or behavioral
information used for uniquely identifying individuals).

 JUSTIFICATION :

Biometrics describes the method of collecting biological and
              

behavioral characteristics that can be used for the recognition of an
individual by measuring anatomical and physiological characteristics.
Common types of biometrics include: "fingerprint, face, voice,
signature, and hand geometry." (See,
 HTTP://WWW.BIOMETRICS.GOV/DOCUMENTS/FAQ.PDF )

Biometric systems work by acquiring the biological information
necessary for identification, and then saving as a "template" in a
database. The systems then verify individuals' identity by comparing
their biometric data to the previously saved templates "enrolled" in
the biometric system. (See,
 HTTP://WWW.BIOMETRICS.GOV/DOCUMENTS/FAQ.PDF )

While choosing the implementation of a biometric method, different
factors must be taken into account; location of the scanning devices
and of the database, the level of security risk inherent in the
location of the database, the circumstance for which the data is to be
captured and used, and the level and type(s) of security precautions
taken to safeguard the stored data.

One well-known example of an entity that uses biometric identification
data is the Federal Bureau of Investigation (FBI). The FBI, along with
some other federal and law enforcement entities, use the Integrated
Automated Fingerprint Identification System (IAPIS). This system
allows for the electronic exchange of fingerprints, along with
automated fingerprints search capabilities, latent search capabilities
and the storage of electronic images. (See,
http://www.fbi.gov/hq/cjisd/iafis.htm)

Biometric technology is also used in ensuring the security of our
ports and vessels. A new program implemented by the Maritime
Transportation Security Act set up the Transportation Worker
Identification Credential (TWIC), a biometric information card that
has an individual's picture and biometric information. This ensures
that only those with clearance enter secure areas, allowing employees
access without escort. The TWIC system was first implemented in Port
Wilmington ,Delaware but has expanded to Alaska, California,
Louisiana, Michigan, and New York. (See,
http://twicinformation.tsa.dhs.gov/twicinfo/schedule.jsp?d-16544-p=7
&d-16544s=2&d-16544-o=2)
Recently, schools have implemented biometric devices to "improve data
security, student safety, and to speed up school processes." (See,
http://www.edtechrnag.com/k12/issues/june-july-
2006/biometrics-goes-to-school.html.) Ontario Montclair School
District, in California, has even used biometric fingerprint
technology to ensure children get off the school bus at the right
stop.

Despite the potential for the use of biometric data to improve the
security of schools and to improve school processes, it is also
extremely important to balance such concerns against questions of
personal privacy, and the potential for inadvertent disclosure, or
malicious theft and misuse, of personally identifiable information
about children.

In 2008, Arizona enacted a similar law, providing that biometric
information could only be collected after written consent was received
by the school from a parent or guardian.  (see,
 HTTP://SSL.CSG.ORG/DOCKETS/2010CYCLE/COMPLETE
2010VOLUME/STUDENTBIOMETRICINFOSS/2010SSL.PDF )

Although at a statewide level, New York has not established a practice
of collecting and using such data to improve security, it is important
to put safeguards in place to protect our children before any harms
are committed, rather than after the fact. This legislation will
provide parents and their children with the assurance that biometric
data will not be collected without consent, which is an important
first step in regulating this practice at an early stage.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of July next succeeding the
date on which it shall have become a law.