Senate Bill S1144

                                BILL NUMBER:S1144

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)
(last visited 12/17/10)

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)
(last visited 12/17/10).

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)(last visited
12/17/10).

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)(last visited 12/17/10).

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)
(last visited 12/17/10).

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:
2009-10:  S.6824 - Referred to Education

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.