NY State Senate Bill S5140

Archive: Last Bill Status Via A6787 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2020	approval memo.53 signed chap.349
Dec 11, 2020	delivered to governor
Jul 22, 2020	returned to assembly passed senate 3rd reading cal.779 substituted for s5140b
Jul 22, 2020	substituted by a6787d
Jul 21, 2020	ordered to third reading cal.779
Jul 20, 2020	reported and committed to rules
Mar 18, 2020	print number 5140b
Mar 18, 2020	amend and recommit to education
Jan 08, 2020	referred to education
Jun 10, 2019	print number 5140a
Jun 10, 2019	amend and recommit to education
Apr 11, 2019	referred to education

Votes

view votes

Jul 22, 2020 - floor Vote

A6787D

floor

Aye

Nay

Absent

Excused

Abstained

Jul 21, 2020 - Rules committee Vote

S5140B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 20, 2020 - Education committee Vote

S5140B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S5140 - Details

Law Section:: Education Law
Laws Affected:: Add §2-e, Ed L

S5140 - Summary

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.

S5140 - Sponsor Memo

 
BILL NUMBER: S5140

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the education law, in relation to the
use of biometric identifying technology

 
PURPOSE OF BILL:

This bill will enact a moratorium on the use of biometric identifying
technology on school grounds for the 2019-2020 school year and authorize
the commissioner of education to study and report on the use of such
technology in order to create a comprehensive, unified statewide regula-
tory system governing the use of such technology in schools.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the Education Law to add a new section 2-E
regarding the use of biometric identifying technology on school grounds.
It directs the commissioner, in consultation with the department's chief
privacy officer, to study and make recommendations on whether the use of
biometric identifying technology, including facial recognition, is

appropriate for use in public and nonpublic elementary and secondary
schools. If deemed appropriate, the commissioner will identify what
restrictions and guidelines to enact. It further identifies specific
considerations to be addressed by the commissioner, requires the commis-
sioner to seek feedback from teachers, school administrators, parents,
and individuals with expertise in school safety, security, and data and
student privacy issues before making their recommendations and prohibits
schools from purchasing and utilizing biometric identifying technology,
beginning with the 2019-20 school year, absent specific state legisla-
tive authority.

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

Increasingly, school districts in New York are seeking to use public
funds for the installation and use of facial recognition software. The
intended use of the software is to screen students, families, and others
as they enter a school. Some school districts also in tend to rely on
the software for student discipline. The safety of New York State
students is a paramount consideration for all lawmakers.  Prior to
spending millions of dollars on technology that may not make our chil-
dren significantly safer than alternative less costly forms of security,
it is imperative that the commissioner studies and reports on the risks
and benefits of using this evolving form of technology.  Considerations
include the privacy implications of collecting, storing and sharing
biometric data of students and others; the reliability of the technology
as a whole and whether reliability differs for different classifications
of individuals based on race, national origin, gender, and age (as some
studies suggest); whether use shall be limited to security and the
effectiveness of the technology to protect students and school person-
nel; whether, and under what circumstances, information collected may be
used by schools and shared with students, parents or guardians, outside
agencies, litigants, and the courts; the risk of unauthorized breach of
biometric data and consequences therefore; the expected maintenance
costs to be borne by local districts, including the cost of appropriate-
ly securing sensitive data, performing required updates to protect
against unauthorized breach of data, and potential costs associated with
an unauthorized breach of data; analysis of others schools and organiza-
tions that have implemented facial recognition and other biometric
record software programs; whether the use of such technology should be
disclosed in schools and communicated to parents, students and district
residents; and legislation that may be needed to ensure that records of
the use of the technology are kept, privacy interests are protected, and
data breaches are avoided.

If it is ultimately decided that the benefits of this technology
outweigh any risks to privacy and data security, the bill requires the
commissioner to provide restrictions and guidelines to enact to protect
individual privacy interests and mitigate any possible risks and dangers
associated with use.

The need for caution with regard to this technology has been widely
recognized. National news organizations, security experts, and the soft-
ware providers themselves have identified the need for regulation of
technology that has "broad social ramifications and the potential for
abuse." The security of biometric data, like facial recognition, is of
grave concern given the permanency of those identifiers. As the U.S.
government accountability office has recognized, biometric data cannot
be altered in the event of a breach. A person's immutable character-
istics are permanent and must be heavily guarded. To allow the use of a
system storing highly sensitive data with no regulations for the stand-
ard of care to be taken in doing so would be highly irresponsible.
Indeed, three states, Illinois, Texas and Washington, have already
created laws to address the collection and security of biometric data.

This bill will direct the commissioner of education to thoroughly study
this issue of facial recognition software in schools and recommend a
course of action. It is essential to do our due diligence to ensure
there is a uniform, comprehensive regulatory scheme in place before
moving forward in permitting New York schools to use this highly contro-
versial software.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S5140 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5140

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 11, 2019
                               ___________

Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
  printed to be committed to the Committee 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

S. 5140                             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.

Co-Sponsors

S5140A - Details

Law Section:: Education Law
Laws Affected:: Add §2-e, Ed L

S5140A - Summary

S5140A - Sponsor Memo

 
BILL NUMBER: S5140A

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the education law, in relation to the
use of biometric identifying technology

 
PURPOSE OF BILL:

This bill will enact a moratorium on the use of biometric identifying
technology on school grounds for the 2019-2020 school year and authorize
the commissioner of education to study and report on the use of such
technology in order to create a comprehensive, unified statewide regula-
tory system governing the use of such technology in schools.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the Education Law to add a new section 2-E
regarding the use of biometric identifying technology on school grounds.
It directs the commissioner, in consultation with the department's chief
privacy officer, to study and make recommendations on whether the use of
biometric identifying technology, including facial recognition, is

appropriate for use in public and nonpublic elementary and secondary
schools. If deemed appropriate, the commissioner will identify what
restrictions and guidelines to enact.  It further identifies specific
considerations to be addressed by the commissioner, requires the commis-
sioner to seek feedback from teachers, school administrators, parents,
and individuals with expertise in school safety, security, and data and
student privacy issues before making their recommendations and prohibits
schools from purchasing and utilizing biometric identifying technology,
beginning with the 2019-20 school year, absent specific state legisla-
tive authority.

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

 
 INCREASINGLY, SCHOOL DISTRICTS IN NEW YORK ARE SEEKING TO USE PUBLIC
FUNDS FOR THE INSTALLATION AND USE OF FACIAL RECOGNITION SOFTWARE. THE
INTENDED USE OF THE SOFTWARE IS TO SCREEN STUDENTS, FAMILIES, AND OTHERS
AS THEY ENTER A SCHOOL. SOME SCHOOL DISTRICTS ALSO INTEND TO RELY ON THE
SOFTWARE FOR STUDENT DISCIPLINE. THE SAFETY OF NEW YORK STATE STUDENTS
IS A PARAMOUNT CONSIDERATION FOR ALL LAWMAKERS.  PRIOR TO SPENDING
MILLIONS OF DOLLARS ON TECHNOLOGY THAT MAY NOT MAKE OUR CHILDREN SIGNIF-
ICANTLY SAFER THAN ALTERNATIVE LESS COSTLY FORMS OF SECURITY, IT IS
IMPERATIVE THAT THE COMMISSIONER STUDIES AND REPORTS ON THE RISKS AND
BENEFITS OF USING THIS EVOLVING FORM OF TECHNOLOGY. CONSIDERATIONS
INCLUDE THE PRIVACY IMPLICATIONS OF COLLECTING, STORING AND SHARING
BIOMETRIC DATA OF STUDENTS AND OTHERS; THE RELIABILITY OF THE TECHNOLOGY
AS A WHOLE AND WHETHER RELIABILITY DIFFERS FOR DIFFERENT CLASSIFICATIONS
OF INDIVIDUALS BASED ON RACE, NATIONAL ORIGIN, GENDER, AND AGE (AS SOME
STUDIES SUGGEST); WHETHER USE SHALL BE LIMITED TO SECURITY AND THE
EFFECTIVENESS OF THE TECHNOLOGY TO PROTECT STUDENTS AND SCHOOL PERSON-
NEL; WHETHER, AND UNDER WHAT CIRCUMSTANCES, INFORMATION COLLECTED MAY BE
USED BY SCHOOLS AND SHARED WITH STUDENTS, PARENTS OR GUARDIANS, OUTSIDE
AGENCIES, LITIGANTS, AND THE COURTS; THE RISK OF UNAUTHORIZED BREACH OF
BIOMETRIC DATA AND CONSEQUENCES THEREFORE; THE EXPECTED MAINTENANCE
COSTS TO BE BORNE BY LOCAL DISTRICTS, INCLUDING THE COST OF APPROPRIATE-
LY SECURING SENSITIVE DATA, PERFORMING REQUIRED UPDATES TO PROTECT
AGAINST UNAUTHORIZED BREACH OF DATA, AND POTENTIAL COSTS ASSOCIATED WITH
AN UNAUTHORIZED BREACH OF DATA; ANALYSIS OF OTHERS SCHOOLS AND ORGANIZA-
TIONS THAT HAVE IMPLEMENTED FACIAL RECOGNITION AND OTHER BIOMETRIC
RECORD SOFTWARE PROGRAMS; WHETHER THE USE OF SUCH TECHNOLOGY SHOULD BE
DISCLOSED IN SCHOOLS AND COMMUNICATED TO PARENTS, STUDENTS AND DISTRICT
RESIDENTS; AND LEGISLATION THAT MAY BE NEEDED TO ENSURE THAT RECORDS OF
THE USE OF THE TECHNOLOGY ARE KEPT, PRIVACY INTERESTS ARE PROTECTED, AND
DATA BREACHES ARE AVOIDED.

IF IT IS ULTIMATELY DECIDED THAT THE BENEFITS OF THIS TECHNOLOGY
OUTWEIGH ANY RISKS TO PRIVACY AND DATA SECURITY, THE BILL REQUIRES THE
COMMISSIONER TO PROVIDE RESTRICTIONS AND GUIDELINES TO ENACT TO PROTECT
INDIVIDUAL PRIVACY INTERESTS AND MITIGATE ANY POSSIBLE RISKS AND DANGERS
ASSOCIATED WITH USE.

THE NEED FOR CAUTION WITH REGARD TO THIS TECHNOLOGY HAS BEEN WIDELY
RECOGNIZED. NATIONAL NEWS ORGANIZATIONS, SECURITY EXPERTS, AND THE SOFT-
WARE PROVIDERS THEMSELVES HAVE IDENTIFIED THE NEED FOR REGULATION OF
TECHNOLOGY THAT HAS "BROAD SOCIAL RAMIFICATIONS AND THE POTENTIAL FOR
ABUSE." THE SECURITY OF BIOMETRIC DATA, LIKE FACIAL RECOGNITION, IS OF
GRAVE CONCERN GIVEN THE PERMANENCY OF THOSE IDENTIFIERS. AS THE U.S.
GOVERNMENT ACCOUNTABILITY OFFICE HAS RECOGNIZED, BIOMETRIC DATA CANNOT
BE ALTERED IN THE EVENT OF A BREACH. A PERSON'S IMMUTABLE CHARACTER-
ISTICS ARE PERMANENT AND MUST BE HEAVILY GUARDED. TO ALLOW THE USE OF A
SYSTEM STORING HIGHLY SENSITIVE DATA WITH NO REGULATIONS FOR THE STAND
AND OF CARE TO BE TAKEN IN DOING SO WOULD BE HIGHLY IRRESPONSIBLE.
INDEED, THREE STATES, ILLINOIS, TEXAS AND WASHINGTON, HAVE ALREADY
CREATED LAWS TO ADDRESS THE COLLECTION AND, SECURITY OF BIOMETRIC DATA.

THIS BILL WILL DIRECT THE COMMISSIONER OF EDUCATION TO THOROUGHLY STUDY
THIS ISSUE OF FACIAL RECOGNITION SOFTWARE IN SCHOOLS AND RECOMMEND A
COURSE OF ACTION. IT IS ESSENTIAL TO DO OUR DUE DILIGENCE TO ENSURE
THERE IS A UNIFORM, COMPREHENSIVE REGULATORY SCHEME IN PLACE BEFORE
MOVING FORWARD IN PERMITTING NEW YORK SCHOOLS TO USE THIS HIGHLY CONTRO-
VERSIAL SOFTWARE.

 
LEGISLATIVE HISTORY:

NEW BILL.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

NONE.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

S5140A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5140--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 11, 2019
                               ___________

Introduced  by  Sens. KAVANAGH, MYRIE, SALAZAR -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion  --  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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10753-06-9

S. 5140--A                          2

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.  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.

Co-Sponsors

view additional co-sponsors

S5140B (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Add §2-e, Ed L

S5140B (ACTIVE) - Summary

S5140B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5140B

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the education law, in relation to the use of biometric
identifying technology

 
PURPOSE OF BILL:

This bill will enact a moratorium on the use of biometric identifying
technology on school grounds until July 1, 2022 unless the commissioner
of education conducts a study and issues a report on the use of such
technology in order to create a comprehensive, unified statewide regula-
tory system governing the use of such technology in schools.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the Education Law to add a new section 2-E
regarding the use of biometric identifying technology on school grounds.
The section places a moratorium on the use of biometric identifying

technology, including facial recognition, in schools until the later of
July 1, 2022, or the authorization for such purchase or use is issued
pursuant to this bill. This section establishes the steps to be taken by
the commissioner in order to authorize the purchase or use of such tech-
nology, including the issuance of a report that includes what
restrictions and guidelines to enact and the, stakeholder input
required.

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

School districts in New York continue to seek to use public funds for
the installation and use of facial recognition software. The intended
use of the software is to screen students, families, and others as they
enter a school. Some school districts also want to rely on the software
for student discipline. The safety of New York state students is a para-
mount consideration for all lawmakers. Prior to spending millions of
dollars on technology that may not make our children significantly safer
than less costly alternatives, it is imperative that the commissioner
studies and reports on the risks and benefits of using this evolving
form of technology.

If it is ultimately decided that the benefits of this technology
outweigh any risks to privacy and data security, the bill requires the
commissioner to provide restrictions and guidelines to enact to protect
individual privacy interests and mitigate any possible risks and dangers
associated with use.

The need for caution with regard to this technology has been widely
recognized. National news organizations, security experts, and the soft-
ware providers themselves have identified the need for regulation of
technology that has "broad social ramifications and the potential for
abuse." The security of biometric data, like facial recognition, is of
grave concern given the permanency of those identifiers. As the U.S.
Government Accountability Office has recognized, biometric data cannot
be altered in the event of a breach. A person's immutable character-
istics are permanent and must be heavily guarded. To allow the use of a
system storing highly sensitive data with no regulations for the stand-
ard of care to be taken in doing so would be highly irresponsible.
Indeed, three states-Illinois, Texas, and Washington-have already
created laws to address the collection and security of biometric data.

This bill will direct the commissioner of education to thoroughly study
this issue of facial recognition software in schools and recommend a
course of action before the purchase or use of such technology for
schools. It is essential to do our due diligence to ensure there is a
uniform, comprehensive regulatory scheme in place before moving forward
in permitting new york schools to use this highly controversial soft-
ware.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S5140B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5140--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             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:

  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"  SHALL  MEAN  ANY TOOL USING AN AUTOMATED OR
SEMI-AUTOMATED PROCESS THAT ASSISTS IN UNIQUELY IDENTIFYING OR VERIFYING
A PERSON BY COMPARING AND ANALYZING PATTERNS BASED ON THE PERSON'S FACE.
  2. PUBLIC AND NONPUBLIC ELEMENTARY AND  SECONDARY  SCHOOLS,  INCLUDING
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.

                                                           LBD10753-13-0

S. 5140--B                          2

TRIC  IDENTIFYING TECHNOLOGY FOR ANY PURPOSE, INCLUDING SCHOOL SECURITY,
UNTIL JULY FIRST, TWO THOUSAND  TWENTY-TWO  OR  UNTIL  THE  COMMISSIONER
AUTHORIZES SUCH PURCHASE OR UTILIZATION AS PROVIDED IN SUBDIVISION THREE
OF THIS SECTION, WHICHEVER OCCURS LATER.
  3. A. THE COMMISSIONER SHALL NOT AUTHORIZE THE PURCHASE OR UTILIZATION
OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL
RECOGNITION  TECHNOLOGY,  WITHOUT  FIRST  ISSUING  A  REPORT PREPARED IN
CONSULTATION WITH THE DEPARTMENT'S CHIEF PRIVACY OFFICER, MAKING  RECOM-
MENDATIONS  AS  TO  THE  CIRCUMSTANCES  IN WHICH THE UTILIZATION OF SUCH
TECHNOLOGY IS APPROPRIATE IN PUBLIC AND NONPUBLIC ELEMENTARY AND SECOND-
ARY SCHOOLS, INCLUDING CHARTER SCHOOLS, AND WHAT RESTRICTIONS AND GUIDE-
LINES SHOULD BE ENACTED TO PROTECT INDIVIDUAL PRIVACY, CIVIL RIGHTS, AND
CIVIL LIBERTY INTERESTS.  SUCH REPORT SHALL BE MADE PUBLIC AND PRESENTED
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE  SPEAKER
OF  THE  ASSEMBLY,  AND SHALL CONSIDER, EVALUATE AND PRESENT RECOMMENDA-
TIONS 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 STUDENT CIVIL LIBERTIES AND STUDENT CIVIL  RIGHTS,  INCLUDING  THE
RISKS AND IMPLICATIONS OF THE TECHNOLOGY RESULTING IN FALSE FACIAL IDEN-
TIFICATIONS,  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 EXIST-
ING DATABASES, INCLUDING BUT NOT LIMITED TO, LOCAL LAW ENFORCEMENT DATA-
BASES, 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;

S. 5140--B                          3

  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. EXISTING LEGISLATION, INCLUDING BUT NOT LIMITED TO SECTION 2-D OF
THIS  ARTICLE,  THAT  MAY BE IMPLICATED BY OR IN CONFLICT WITH BIOMETRIC
TECHNOLOGY TO ENSURE THE MAINTENANCE OF RECORDS RELATED TO  THE  USE  OF
SUCH  TECHNOLOGY,  PROTECT  THE  PRIVACY INTERESTS OF DATA SUBJECTS, AND
AVOID ANY BREACHES OF DATA.
  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.
  4.  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,  AND INDIVIDUALS WITH EXPERTISE IN CIVIL RIGHTS AND CIVIL LIBER-
TIES PRIOR TO MAKING SUCH RECOMMENDATIONS.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S5140

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senate Bill S5140

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Sponsored By

Archive: Last Bill Status Via A6787 - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Rules committee Vote

Committee Vote: Jul 21, 2020

Jul 20, 2020 - Education committee Vote

Committee Vote: Jul 20, 2020

Bill Amendments

Co-Sponsors

S5140 - Details

S5140 - Summary

S5140 - Sponsor Memo

S5140 - Bill Text download pdf

Co-Sponsors

S5140A - Details

S5140A - Summary

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S5140B (ACTIVE) - Details

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S5140B (ACTIVE) - Sponsor Memo

S5140B (ACTIVE) - Bill Text download pdf

Comments