S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6787
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2019
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Education
 
 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:

   Section 1. The education law is amended by adding a new section 2-e to
 read as follows:
   § 2-E. USE OF BIOMETRIC IDENTIFYING TECHNOLOGY. 1.  AS  USED  IN  THIS
 SECTION:
   A.  "BIOMETRIC  IDENTIFYING  TECHNOLOGY"  SHALL  MEAN  TECHNOLOGY THAT
 UTILIZES A STUDENT'S BIOMETRIC RECORD  INCLUDING  BUT  NOT  LIMITED  TO,
 TECHNOLOGY  THAT PROVIDES AUTOMATED FACIAL RECOGNITION AND OBJECT RECOG-
 NITION OF LIVE AND RECORDED SURVEILLANCE VIDEO.
   B. "BIOMETRIC RECORD" SHALL MEAN A RECORD OF ONE  OR  MORE  MEASURABLE
 BIOLOGICAL  OR BEHAVIORAL CHARACTERISTICS THAT CAN BE USED FOR AUTOMATED
 RECOGNITION OF AN INDIVIDUAL. EXAMPLES INCLUDE FINGERPRINTS; RETINA  AND
 IRIS  PATTERNS;  VOICEPRINTS;  DNA SEQUENCE; FACIAL CHARACTERISTICS; AND
 HANDWRITING.
   C. "FACIAL RECOGNITION" SHALL MEAN A BIOMETRIC APPLICATION  OR  BIOME-
 TRIC IDENTIFYING TECHNOLOGY CAPABLE OF UNIQUELY IDENTIFYING OR VERIFYING
 A  PERSON  BY  COMPARING  AND  ANALYZING  PATTERNS BASED ON THE PERSON'S
 FACIAL CONTOURS.
   2. ON OR BEFORE THE FIRST OF DECEMBER TWO THOUSAND TWENTY, THE COMMIS-
 SIONER, IN CONSULTATION WITH THE  DEPARTMENT'S  CHIEF  PRIVACY  OFFICER,
 SHALL  STUDY  AND MAKE RECOMMENDATIONS TO THE GOVERNOR, TEMPORARY PRESI-
 DENT OF THE SENATE AND SPEAKER OF  THE  ASSEMBLY  ON  WHETHER  BIOMETRIC
 IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION,
 IS  APPROPRIATE FOR USE IN PUBLIC AND NONPUBLIC ELEMENTARY AND SECONDARY
 SCHOOLS, INCLUDING CHARTER SCHOOLS, AND IF  SO,  WHAT  RESTRICTIONS  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10753-01-9
              

 A. 6787                             2
 
 GUIDELINES  SHOULD  BE  ENACTED TO PROTECT INDIVIDUAL PRIVACY INTERESTS.
 THE COMMISSIONER SHALL CONSIDER AND EVALUATE:
   A. THE PRIVACY IMPLICATIONS OF COLLECTING, STORING, AND SHARING BIOME-
 TRIC DATA OF STUDENTS, TEACHERS, SCHOOL PERSONNEL AND THE GENERAL PUBLIC
 ENTERING A SCHOOL OR SCHOOL GROUNDS;
   B.  THE  RELIABILITY OF THE TECHNOLOGY AND WHETHER RELIABILITY DIFFERS
 FOR DIFFERENT CLASSIFICATIONS OF INDIVIDUALS  BASED  ON  RACE,  NATIONAL
 ORIGIN, GENDER, AGE OR OTHER FACTORS;
   C.  WHETHER, AND UNDER WHAT CIRCUMSTANCES, SUCH TECHNOLOGY MAY BE USED
 FOR SCHOOL SECURITY AND THE EFFECTIVENESS OF SUCH TECHNOLOGY TO  PROTECT
 STUDENTS AND SCHOOL PERSONNEL;
   D.  WHETHER, AND UNDER WHAT CIRCUMSTANCES AND IN WHAT MANNER, INFORMA-
 TION COLLECTED MAY BE USED BY SCHOOLS AND SHARED WITH STUDENTS,  PARENTS
 OR GUARDIANS, OUTSIDE AGENCIES INCLUDING LAW ENFORCEMENT AGENCIES, INDI-
 VIDUALS, LITIGANTS, AND THE COURTS;
   E. THE RISK OF AN UNAUTHORIZED BREACH OF DATABANKED BIOMETRIC DATA AND
 APPROPRIATE CONSEQUENCES THEREFOR;
   F.  EXPECTED  MAINTENANCE  COSTS RESULTING FROM THE STORAGE AND USE OF
 FACIAL RECOGNITION IMAGES AND OTHER  BIOMETRIC  RECORDS,  INCLUDING  THE
 COST  OF  APPROPRIATELY  SECURING  SENSITIVE  DATA,  PERFORMING REQUIRED
 UPDATES TO PROTECT AGAINST AN UNAUTHORIZED BREACH OF DATA, AND POTENTIAL
 COSTS ASSOCIATED WITH AN UNAUTHORIZED BREACH OF DATA;
   G. ANALYSIS OF OTHER SCHOOLS AND  ORGANIZATIONS,  IF  ANY,  THAT  HAVE
 IMPLEMENTED  FACIAL  RECOGNITION  AND  OTHER  BIOMETRIC  RECORD SOFTWARE
 PROGRAMS;
   H. WHETHER, AND IN WHAT MANNER, THE USE OF SUCH TECHNOLOGY  SHOULD  BE
 DISCLOSED BY SIGNS AND THE LIKE IN SUCH SCHOOLS, AS WELL AS COMMUNICATED
 TO PARENTS, STUDENTS AND DISTRICT RESIDENTS; AND
   I.  LEGISLATION THAT MAY BE NEEDED TO ENSURE, AMONG OTHER THINGS, THAT
 RECORDS OF THE USE OF SUCH TECHNOLOGY ARE  KEPT,  PRIVACY  INTERESTS  OF
 DATA SUBJECTS ARE PROTECTED, AND THAT DATA BREACHES ARE AVOIDED.
   3.  THE  COMMISSIONER  SHALL,  VIA SCHEDULED PUBLIC HEARINGS AND OTHER
 OUTREACH METHODS, SEEK FEEDBACK FROM  TEACHERS,  SCHOOL  ADMINISTRATORS,
 PARENTS,  INDIVIDUALS  WITH EXPERTISE IN SCHOOL SAFETY AND SECURITY, AND
 INDIVIDUALS WITH EXPERTISE IN DATA PRIVACY ISSUES  AND  STUDENT  PRIVACY
 ISSUES PRIOR TO MAKING SUCH RECOMMENDATIONS.
   4.  COMMENCING  WITH  THE  TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY
 SCHOOL YEAR, PUBLIC AND  NONPUBLIC  ELEMENTARY  AND  SECONDARY  SCHOOLS,
 INCLUDING  CHARTER  SCHOOLS,  SHALL  BE  PROHIBITED  FROM PURCHASING AND
 UTILIZING BIOMETRIC IDENTIFYING TECHNOLOGY FOR  ANY  PURPOSE,  INCLUDING
 SCHOOL SECURITY, ABSENT SPECIFIC AUTHORITY IN STATE LEGISLATION.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6787--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2019
                                ___________
 
 Introduced  by  M.  of A. WALLACE, EPSTEIN, MOSLEY, M. G. MILLER, SIMON,
   GOTTFRIED -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, DE LA ROSA  --
   read  once  and  referred  to  the Committee on Education -- 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:
 
   Section 1. The education law is amended by adding a new section 2-e to
 read as follows:
   § 2-E. USE OF BIOMETRIC IDENTIFYING TECHNOLOGY. 1.  AS  USED  IN  THIS
 SECTION:
   A.  "BIOMETRIC  IDENTIFYING  TECHNOLOGY" SHALL MEAN ANY COMPUTER SOFT-
 WARE, ALGORITHM, PRODUCT, OR APPLICATION THAT COLLECTS OR ELECTRONICALLY
 ANALYZES BIOMETRIC INFORMATION FOR THE PURPOSES OF IDENTIFYING AN  INDI-
 VIDUAL.
   B.  "BIOMETRIC  INFORMATION"  SHALL  MEAN  ANY  MEASURABLE PHYSICAL OR
 BEHAVIORAL  CHARACTERISTICS  THAT  ARE  ATTRIBUTABLE  TO  AN  INDIVIDUAL
 PERSON, INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT
 CHARACTERISTICS,  HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHAR-
 ACTERISTICS, AND ANY OTHER PHYSICAL CHARACTERISTICS THAT CAN BE USED  TO
 IDENTIFY A PERSON INCLUDING, BUT ARE NOT LIMITED TO: FINGERPRINTS; HAND-
 PRINTS;  RETINA AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL
 GEOMETRY.
   C. "FACIAL RECOGNITION" SHALL MEAN A BIOMETRIC APPLICATION  OR  BIOME-
 TRIC IDENTIFYING TECHNOLOGY CAPABLE OF UNIQUELY IDENTIFYING OR VERIFYING
 A  PERSON  BY  COMPARING  AND  ANALYZING  PATTERNS BASED ON THE PERSON'S
 FACIAL CONTOURS.
   2. A. ON OR BEFORE THE FIRST OF DECEMBER TWO THOUSAND TWENTY-ONE,  THE
 COMMISSIONER,  IN CONSULTATION WITH THE DEPARTMENT'S CHIEF PRIVACY OFFI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10753-02-9

 A. 6787--A                          2
 
 CER, SHALL STUDY AND MAKE RECOMMENDATIONS  TO  THE  GOVERNOR,  TEMPORARY
 PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY ON WHETHER BIOMETRIC
 IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION,
 IS  APPROPRIATE FOR USE IN PUBLIC AND NONPUBLIC ELEMENTARY AND SECONDARY
 SCHOOLS, INCLUDING CHARTER SCHOOLS, AND IF  SO,  WHAT  RESTRICTIONS  AND
 GUIDELINES  SHOULD  BE  ENACTED TO PROTECT INDIVIDUAL PRIVACY INTERESTS.
 THE COMMISSIONER SHALL CONSIDER,  EVALUATE  AND  REPORT  RECOMMENDATIONS
 CONCERNING:
   I. THE PRIVACY IMPLICATIONS OF COLLECTING, STORING, AND SHARING BIOME-
 TRIC DATA OF STUDENTS, TEACHERS, SCHOOL PERSONNEL AND THE GENERAL PUBLIC
 ENTERING A SCHOOL OR SCHOOL GROUNDS;
   II.  THE PROBABILITY OF THE TECHNOLOGY RESULTING IN FALSE FACIAL IDEN-
 TIFICATIONS AND WHETHER THE PROBABILITY OF FALSE FACIAL  IDENTIFICATIONS
 DIFFERS  FOR  DIFFERENT  CLASSIFICATIONS  OF  INDIVIDUALS BASED ON RACE,
 NATIONAL ORIGIN, GENDER, AGE AND OTHER FACTORS;
   III. WHETHER, AND UNDER WHAT CIRCUMSTANCES,  SUCH  TECHNOLOGY  MAY  BE
 USED  FOR  SCHOOL  SECURITY  AND THE EFFECTIVENESS OF SUCH TECHNOLOGY TO
 PROTECT STUDENTS AND SCHOOL PERSONNEL;
   IV. WHETHER, AND UNDER WHAT CIRCUMSTANCES AND IN WHAT MANNER, INFORMA-
 TION COLLECTED MAY BE USED BY SCHOOLS AND SHARED WITH STUDENTS,  PARENTS
 OR GUARDIANS, OUTSIDE AGENCIES INCLUDING LAW ENFORCEMENT AGENCIES, INDI-
 VIDUALS, LITIGANTS, AND THE COURTS;
   V. THE LENGTH OF TIME BIOMETRIC INFORMATION MAY BE RETAINED AND WHETH-
 ER,  AND  IN  WHAT MANNER, SUCH INFORMATION MAY BE REQUIRED TO BE PERMA-
 NENTLY DESTROYED;
   VI. THE RISK OF AN UNAUTHORIZED BREACH OF  DATABANKED  BIOMETRIC  DATA
 AND APPROPRIATE CONSEQUENCES THEREFOR;
   VII.  EXPECTED MAINTENANCE COSTS RESULTING FROM THE STORAGE AND USE OF
 FACIAL RECOGNITION IMAGES AND OTHER BIOMETRIC INFORMATION, INCLUDING THE
 COST OF  APPROPRIATELY  SECURING  SENSITIVE  DATA,  PERFORMING  REQUIRED
 UPDATES TO PROTECT AGAINST AN UNAUTHORIZED BREACH OF DATA, AND POTENTIAL
 COSTS ASSOCIATED WITH AN UNAUTHORIZED BREACH OF DATA;
   VIII.  ANALYSIS  OF OTHER SCHOOLS AND ORGANIZATIONS, IF ANY, THAT HAVE
 IMPLEMENTED FACIAL RECOGNITION AND OTHER BIOMETRIC INFORMATION  SOFTWARE
 PROGRAMS;
   IX.  WHETHER, AND IN WHAT MANNER, THE USE OF SUCH TECHNOLOGY SHOULD BE
 DISCLOSED BY SIGNS AND THE LIKE IN SUCH SCHOOLS, AS WELL AS COMMUNICATED
 TO PARENTS, STUDENTS AND DISTRICT RESIDENTS; AND
   X. LEGISLATION THAT MAY ALREADY EXIST, BE NEEDED OR NEED TO BE AMENDED
 TO ENSURE, AMONG OTHER THINGS, THAT RECORDS OF THE USE OF SUCH TECHNOLO-
 GY ARE KEPT, PRIVACY INTERESTS OF DATA SUBJECTS ARE PROTECTED, AND  THAT
 DATA BREACHES ARE AVOIDED.
   B.  THE  COMMISSIONER SHALL CONSULT WITH STAKEHOLDERS AND OTHER INTER-
 ESTED PARTIES WHEN PREPARING SUCH  REPORT.  THE  OFFICE  OF  INFORMATION
 TECHNOLOGY,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES, LAW ENFORCEMENT
 AUTHORITIES AND THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY
 OF NEW YORK SHALL, TO  THE  EXTENT  PRACTICABLE,  IDENTIFY  AND  PROVIDE
 REPRESENTATIVES  TO  THE DEPARTMENT, AT THE REQUEST OF THE COMMISSIONER,
 IN ORDER TO PARTICIPATE IN THE DEVELOPMENT AND DRAFTING OF SUCH REPORT.
   3. THE COMMISSIONER SHALL, VIA SCHEDULED  PUBLIC  HEARINGS  AND  OTHER
 OUTREACH  METHODS,  SEEK  FEEDBACK FROM TEACHERS, SCHOOL ADMINISTRATORS,
 PARENTS, INDIVIDUALS WITH EXPERTISE IN SCHOOL SAFETY AND  SECURITY,  AND
 INDIVIDUALS  WITH  EXPERTISE  IN DATA PRIVACY ISSUES AND STUDENT PRIVACY
 ISSUES PRIOR TO MAKING SUCH RECOMMENDATIONS.
   4. COMMENCING WITH THE TWO THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE
 SCHOOL  YEAR,  PUBLIC  AND  NONPUBLIC  ELEMENTARY AND SECONDARY SCHOOLS,

 A. 6787--A                          3
 
 INCLUDING CHARTER SCHOOLS,  SHALL  BE  PROHIBITED  FROM  PURCHASING  AND
 UTILIZING  BIOMETRIC  IDENTIFYING  TECHNOLOGY FOR ANY PURPOSE, INCLUDING
 SCHOOL SECURITY, ABSENT SPECIFIC AUTHORITY IN STATE LEGISLATION.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6787--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2019
                                ___________
 
 Introduced  by  M.  of A. WALLACE, EPSTEIN, MOSLEY, M. G. MILLER, SIMON,
   GOTTFRIED, L. ROSENTHAL -- Multi-Sponsored by -- M. of A.  BRAUNSTEIN,
   DE LA ROSA  -- 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
 
 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:
 
   Section 1. The education law is amended by adding a new section 2-e to
 read as follows:
   §  2-E.  USE  OF  BIOMETRIC IDENTIFYING TECHNOLOGY. 1. AS USED IN THIS
 SECTION:
   A. "BIOMETRIC IDENTIFYING TECHNOLOGY" SHALL MEAN  ANY  COMPUTER  SOFT-
 WARE, ALGORITHM, PRODUCT, OR APPLICATION THAT COLLECTS OR ELECTRONICALLY
 ANALYZES  BIOMETRIC INFORMATION FOR THE PURPOSES OF IDENTIFYING AN INDI-
 VIDUAL.
   B. "BIOMETRIC INFORMATION"  SHALL  MEAN  ANY  MEASURABLE  PHYSICAL  OR
 BEHAVIORAL  CHARACTERISTICS  THAT  ARE  ATTRIBUTABLE  TO  AN  INDIVIDUAL
 PERSON, INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT
 CHARACTERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL  CHAR-
 ACTERISTICS,  AND ANY OTHER PHYSICAL CHARACTERISTICS THAT CAN BE USED TO
 IDENTIFY A PERSON INCLUDING, BUT ARE NOT LIMITED TO: FINGERPRINTS; HAND-
 PRINTS; RETINA AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND  FACIAL
 GEOMETRY.
   C.  "FACIAL  RECOGNITION" SHALL MEAN A BIOMETRIC APPLICATION OR BIOME-
 TRIC IDENTIFYING TECHNOLOGY CAPABLE OF UNIQUELY IDENTIFYING OR VERIFYING
 A PERSON BY COMPARING AND  ANALYZING  PATTERNS  BASED  ON  THE  PERSON'S
 FACIAL CONTOURS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10753-05-9

 A. 6787--B                          2
 
   2.  A. ON OR BEFORE THE FIRST OF DECEMBER TWO THOUSAND TWENTY-ONE, THE
 COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT'S CHIEF PRIVACY  OFFI-
 CER,  SHALL  STUDY  AND  MAKE RECOMMENDATIONS TO THE GOVERNOR, TEMPORARY
 PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY ON WHETHER BIOMETRIC
 IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION,
 IS  APPROPRIATE FOR USE IN PUBLIC AND NONPUBLIC ELEMENTARY AND SECONDARY
 SCHOOLS, INCLUDING CHARTER SCHOOLS, AND IF  SO,  WHAT  RESTRICTIONS  AND
 GUIDELINES  SHOULD  BE  ENACTED TO PROTECT INDIVIDUAL PRIVACY INTERESTS.
 THE COMMISSIONER SHALL CONSIDER,  EVALUATE  AND  REPORT  RECOMMENDATIONS
 CONCERNING:
   I. THE PRIVACY IMPLICATIONS OF COLLECTING, STORING, AND SHARING BIOME-
 TRIC DATA OF STUDENTS, TEACHERS, SCHOOL PERSONNEL AND THE GENERAL PUBLIC
 ENTERING A SCHOOL OR SCHOOL GROUNDS;
   II.  THE PROBABILITY OF THE TECHNOLOGY RESULTING IN FALSE FACIAL IDEN-
 TIFICATIONS AND WHETHER THE PROBABILITY OF FALSE FACIAL  IDENTIFICATIONS
 DIFFERS  FOR  DIFFERENT  CLASSIFICATIONS  OF  INDIVIDUALS BASED ON RACE,
 NATIONAL ORIGIN, GENDER, AGE AND OTHER FACTORS;
   III. WHETHER, AND UNDER WHAT CIRCUMSTANCES,  SUCH  TECHNOLOGY  MAY  BE
 USED  FOR  SCHOOL  SECURITY  AND THE EFFECTIVENESS OF SUCH TECHNOLOGY TO
 PROTECT STUDENTS AND SCHOOL PERSONNEL;
   IV. WHETHER, AND UNDER WHAT CIRCUMSTANCES AND IN WHAT MANNER, INFORMA-
 TION COLLECTED MAY BE USED BY SCHOOLS AND SHARED WITH STUDENTS,  PARENTS
 OR GUARDIANS, OUTSIDE AGENCIES INCLUDING LAW ENFORCEMENT AGENCIES, INDI-
 VIDUALS, LITIGANTS, AND THE COURTS;
   V. THE LENGTH OF TIME BIOMETRIC INFORMATION MAY BE RETAINED AND WHETH-
 ER,  AND  IN  WHAT MANNER, SUCH INFORMATION MAY BE REQUIRED TO BE PERMA-
 NENTLY DESTROYED;
   VI. THE RISK OF AN UNAUTHORIZED BREACH OF  DATABANKED  BIOMETRIC  DATA
 AND APPROPRIATE CONSEQUENCES THEREFOR;
   VII.  EXPECTED MAINTENANCE COSTS RESULTING FROM THE STORAGE AND USE OF
 FACIAL RECOGNITION IMAGES AND OTHER BIOMETRIC INFORMATION, INCLUDING THE
 COST OF  APPROPRIATELY  SECURING  SENSITIVE  DATA,  PERFORMING  REQUIRED
 UPDATES TO PROTECT AGAINST AN UNAUTHORIZED BREACH OF DATA, AND POTENTIAL
 COSTS ASSOCIATED WITH AN UNAUTHORIZED BREACH OF DATA;
   VIII.  ANALYSIS  OF OTHER SCHOOLS AND ORGANIZATIONS, IF ANY, THAT HAVE
 IMPLEMENTED FACIAL RECOGNITION AND OTHER BIOMETRIC INFORMATION  SOFTWARE
 PROGRAMS;
   IX.  WHETHER, AND IN WHAT MANNER, THE USE OF SUCH TECHNOLOGY SHOULD BE
 DISCLOSED BY SIGNS AND THE LIKE IN SUCH SCHOOLS, AS WELL AS COMMUNICATED
 TO PARENTS, STUDENTS AND DISTRICT RESIDENTS; AND
   X. LEGISLATION THAT MAY ALREADY EXIST, BE NEEDED OR NEED TO BE AMENDED
 TO ENSURE, AMONG OTHER THINGS, THAT RECORDS OF THE USE OF SUCH TECHNOLO-
 GY ARE KEPT, PRIVACY INTERESTS OF DATA SUBJECTS ARE PROTECTED, AND  THAT
 DATA BREACHES ARE AVOIDED.
   B.  THE  COMMISSIONER SHALL CONSULT WITH STAKEHOLDERS AND OTHER INTER-
 ESTED PARTIES WHEN PREPARING SUCH  REPORT.  THE  OFFICE  OF  INFORMATION
 TECHNOLOGY,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES, LAW ENFORCEMENT
 AUTHORITIES AND THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY
 OF NEW YORK SHALL, TO  THE  EXTENT  PRACTICABLE,  IDENTIFY  AND  PROVIDE
 REPRESENTATIVES  TO  THE DEPARTMENT, AT THE REQUEST OF THE COMMISSIONER,
 IN ORDER TO PARTICIPATE IN THE DEVELOPMENT AND DRAFTING OF SUCH REPORT.
   3. THE COMMISSIONER SHALL, VIA SCHEDULED  PUBLIC  HEARINGS  AND  OTHER
 OUTREACH  METHODS,  SEEK  FEEDBACK FROM TEACHERS, SCHOOL ADMINISTRATORS,
 PARENTS, INDIVIDUALS WITH EXPERTISE IN SCHOOL SAFETY AND  SECURITY,  AND
 INDIVIDUALS  WITH  EXPERTISE  IN DATA PRIVACY ISSUES AND STUDENT PRIVACY
 ISSUES PRIOR TO MAKING SUCH RECOMMENDATIONS.

 A. 6787--B                          3
 
   4.  PUBLIC AND NONPUBLIC ELEMENTARY AND SECONDARY  SCHOOLS,  INCLUDING
 CHARTER SCHOOLS, SHALL BE PROHIBITED FROM PURCHASING AND UTILIZING BIOM-
 ETRIC IDENTIFYING TECHNOLOGY FOR ANY PURPOSE, INCLUDING SCHOOL SECURITY,
 UNTIL JULY 1, 2022.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6787--C
                                                         Cal. No. 245
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2019
                                ___________
 
 Introduced  by  M.  of A. WALLACE, EPSTEIN, MOSLEY, M. G. MILLER, SIMON,
   GOTTFRIED, L. ROSENTHAL, REYES, OTIS, SIMOTAS, QUART, KIM,  RODRIGUEZ,
   FAHY,  ABINANTI,  WEPRIN -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
   DE LA ROSA, NOLAN -- read once and referred to the Committee on Educa-
   tion -- 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  recommit-
   ted  to  said  committee  --  ordered  to a third reading, amended and
   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:
 
   Section 1. The education law is amended by adding a new section 2-e to
 read as follows:
   § 2-E. USE OF BIOMETRIC IDENTIFYING TECHNOLOGY. 1.  AS  USED  IN  THIS
 SECTION:
   A.  "BIOMETRIC  IDENTIFYING  TECHNOLOGY"  SHALL MEAN ANY TOOL USING AN
 AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN VERIFYING A PERSON'S
 IDENTITY BASED ON A PERSON'S BIOMETRIC INFORMATION.
   B. "BIOMETRIC INFORMATION" SHALL MEAN ANY MEASURABLE PHYSICAL, PHYSIO-
 LOGICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON,
 INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT CHARAC-
 TERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS,  VOCAL  CHARACTER-
 ISTICS,  AND  ANY  OTHER  CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A
 PERSON INCLUDING, BUT ARE  NOT  LIMITED  TO:  FINGERPRINTS;  HANDPRINTS;
 RETINA  AND  IRIS  PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOM-
 ETRY.
   C. "FACIAL RECOGNITION TECHONOLOGY" SHALL MEAN ANY TOOL USING AN AUTO-
 MATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN UNIQUELY IDENTIFYING  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10753-09-0

 A. 6787--C                          2
 
 VERIFYING  A  PERSON  BY  COMPARING  AND ANALYZING PATTERNS BASED ON THE
 PERSON'S FACE.
   2.  A. ON OR BEFORE THE FIRST OF DECEMBER TWO THOUSAND TWENTY-ONE, THE
 COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT'S CHIEF PRIVACY  OFFI-
 CER,  SHALL  STUDY  AND  MAKE RECOMMENDATIONS TO THE GOVERNOR, TEMPORARY
 PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY ON WHETHER BIOMETRIC
 IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL  RECOGNITION
 TECHNOLOGY,  IS  APPROPRIATE  FOR USE IN PUBLIC AND NONPUBLIC ELEMENTARY
 AND SECONDARY SCHOOLS,  INCLUDING  CHARTER  SCHOOLS,  AND  IF  SO,  WHAT
 RESTRICTIONS  AND  GUIDELINES  SHOULD  BE  ENACTED TO PROTECT INDIVIDUAL
 PRIVACY, CIVIL RIGHTS, AND CIVIL LIBERTY INTERESTS.
   THE COMMISSIONER SHALL CONSIDER, EVALUATE AND  REPORT  RECOMMENDATIONS
 CONCERNING:
   I.  THE  PRIVACY  IMPLICATIONS  OF COLLECTING, STORING, AND/OR SHARING
 BIOMETRIC INFORMATION OF STUDENTS, TEACHERS, SCHOOL  PERSONNEL  AND  THE
 GENERAL PUBLIC ENTERING A SCHOOL OR SCHOOL GROUNDS;
   II. THE POTENTIAL IMPACT OF THE USE OF BIOMETRIC IDENTIFYING TECHNOLO-
 GY  ON  THE  STUDENT CIVIL LIBERTIES AND STUDENT CIVIL RIGHTS, INCLUDING
 THE RISKS AND IMPLICATIONS OF THE TECHNOLOGY RESULTING IN  FALSE  FACIAL
 IDENTIFICATIONS,  AND  WHETHER THE RISKS OF FALSE FACIAL IDENTIFICATIONS
 DIFFERS FOR DIFFERENT SUBGROUPS OF INDIVIDUALS BASED ON  RACE,  NATIONAL
 ORIGIN, GENDER, AGE AND OTHER FACTORS, AND ANY OTHER REASONABLE ACCURACY
 CONCERNS WITH RESPECT TO TECHNOLOGY;
   III.  WHETHER,  AND  UNDER  WHAT CIRCUMSTANCES, SUCH TECHNOLOGY MAY BE
 USED FOR SCHOOL SECURITY AND THE EFFECTIVENESS  OF  SUCH  TECHNOLOGY  TO
 PROTECT STUDENTS AND SCHOOL PERSONNEL;
   IV. WHETHER, AND UNDER WHAT CIRCUMSTANCES AND IN WHAT MANNER, INFORMA-
 TION  COLLECTED MAY BE USED BY SCHOOLS AND SHARED WITH STUDENTS, PARENTS
 OR GUARDIANS, OUTSIDE AGENCIES INCLUDING LAW ENFORCEMENT AGENCIES, INDI-
 VIDUALS, LITIGANTS, THE COURTS, AND ANY OTHER THIRD PARTIES;
   V. THE LENGTH OF TIME BIOMETRIC INFORMATION MAY BE RETAINED AND WHETH-
 ER, AND IN WHAT MANNER, SUCH INFORMATION MAY BE REQUIRED  TO  BE  PERMA-
 NENTLY DESTROYED;
   VI.  THE  RISK  OF AN UNAUTHORIZED BREACH OF BIOMETRIC INFORMATION AND
 APPROPRIATE CONSEQUENCES THEREFOR;
   VII. EXPECTED MAINTENANCE COSTS RESULTING FROM THE STORAGE AND USE  OF
 FACIAL RECOGNITION IMAGES AND OTHER BIOMETRIC INFORMATION, INCLUDING THE
 COST  OF  APPROPRIATELY  SECURING  SENSITIVE  DATA,  PERFORMING REQUIRED
 UPDATES TO PROTECT AGAINST AN UNAUTHORIZED BREACH OF DATA, AND POTENTIAL
 COSTS ASSOCIATED WITH AN UNAUTHORIZED BREACH OF DATA;
   VIII. ANALYSIS OF OTHER SCHOOLS AND ORGANIZATIONS, IF ANY,  THAT  HAVE
 IMPLEMENTED  FACIAL RECOGNITION TECHNOLOGY AND OTHER BIOMETRIC IDENTIFY-
 ING TECHNOLOGY PROGRAMS;
   IX.   THE APPROPRIATENESS AND  POTENTIAL  IMPLICATIONS  OF  USING  ANY
 EXISTING DATABASES, INCLUDING, BUT NOT LIMITED TO, LOCAL LAW ENFORCEMENT
 DATABASES, AS PART OF BIOMETRIC IDENTIFYING TECHNOLOGY;
   X.  WHETHER,  AND IN WHAT MANNER SUCH BIOMETRIC IDENTIFYING TECHNOLOGY
 SHOULD BE ASSESSED AND AUDITED, INCLUDING BUT   NOT LIMITED  TO,  VENDOR
 DATASETS,  ADHERENCE  TO  APPROPRIATE STANDARDS OF ALGORITHMIC FAIRNESS,
 ACCURACY, AND OTHER  PERFORMANCE  METRICS,  INCLUDING  WITH  RESPECT  TO
 SUBGROUPS OF PERSONS BASED ON RACE, NATIONAL ORIGIN, GENDER, AND AGE.
   XI.  WHETHER, AND IN WHAT MANNER, THE USE OF SUCH TECHNOLOGY SHOULD BE
 DISCLOSED BY SIGNS AND THE LIKE IN SUCH SCHOOLS, AS WELL AS COMMUNICATED
 TO PARENTS, GUARDIANS, STUDENTS AND DISTRICT RESIDENTS; AND
   XII. LEGISLATION THAT MAY ALREADY EXIST, INCLUDING BUT NOT LIMITED  TO
 SECTION  TWO-D  OF THIS ARTICLE, THAT BIOMETRIC TECHNOLOGY MAY IMPLICATE

 A. 6787--C                          3
 
 OR CONFLICT WITH, TO ENSURE, AMONG OTHER THINGS, THAT RECORDS OF THE USE
 OF SUCH TECHNOLOGY ARE KEPT, PRIVACY  INTERESTS  OF  DATA  SUBJECTS  ARE
 PROTECTED, AND THAT DATA BREACHES ARE AVOIDED.
   B.  THE  COMMISSIONER SHALL CONSULT WITH STAKEHOLDERS AND OTHER INTER-
 ESTED PARTIES WHEN PREPARING SUCH  REPORT.  THE  OFFICE  OF  INFORMATION
 TECHNOLOGY,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES, LAW ENFORCEMENT
 AGENCIES, THE STATE UNIVERSITY OF NEW YORK AND THE  CITY  UNIVERSITY  OF
 NEW  YORK  SHALL, TO THE EXTENT PRACTICABLE, IDENTIFY AND PROVIDE REPRE-
 SENTATIVES TO THE DEPARTMENT, AT THE REQUEST  OF  THE  COMMISSIONER,  IN
 ORDER TO PARTICIPATE IN THE DEVELOPMENT AND DRAFTING OF SUCH REPORT.
   3.  THE  COMMISSIONER  SHALL,  VIA SCHEDULED PUBLIC HEARINGS AND OTHER
 OUTREACH METHODS, SEEK FEEDBACK FROM  TEACHERS,  SCHOOL  ADMINISTRATORS,
 PARENTS, INDIVIDUALS WITH EXPERTISE IN SCHOOL SAFETY AND SECURITY, INDI-
 VIDUALS  WITH  EXPERTISE  IN  DATA  PRIVACY  ISSUES  AND STUDENT PRIVACY
 ISSUES, AND INDIVIDUALS WITH EXPERTISE IN CIVIL RIGHTS AND CIVIL  LIBER-
 TIES PRIOR TO MAKING SUCH RECOMMENDATIONS.
   4.    PUBLIC AND NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS, INCLUDING
 CHARTER SCHOOLS, SHALL BE PROHIBITED FROM PURCHASING AND UTILIZING BIOM-
 ETRIC IDENTIFYING TECHNOLOGY FOR ANY PURPOSE, INCLUDING SCHOOL SECURITY,
 UNTIL JULY 1, 2022.
   § 2. This act shall take effect immediately.