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Directs the director of the office of information technology services 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 of education authorizes such purchase or…
In one paragraph
This 2021 chapter amendment re-enacted New York's moratorium on biometric identifying technology, including facial recognition, in schools as State Technology Law 106-b. Schools, including charter schools, could not buy or use it until July 1, 2022 or Commissioner of Education authorization, whichever is later, and only after a state IT office study. After that report (August 2023), the Commissioner in September 2023 barred schools from using facial recognition and let them decide locally on other biometric technology.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
If you sell facial recognition to New York schools, they may not buy or use it under the Commissioner's 2023 determination; other biometric tools are decided locally.
What this means
The bill, introduced on January 6, 2021, focuses on regulating biometric identifying technology in public and nonpublic schools, including charter schools, prohibiting its use until a comprehensive study is conducted. It aims to protect student privacy and civil rights while evaluating the implications of such technology in educational settings.
Key provisions
- Chapter amendment to Chapter 349 of 2020: moves the school moratorium from Education Law 2-e to State Technology Law 106-b
- Schools may not purchase or use biometric identifying technology, including for security, until July 1, 2022 or Commissioner of Education authorization, whichever is later
- The Commissioner may authorize use only after the Director of the Office of Information Technology Services issues a public report, prepared with the State Education Department
- The report must address 12 factors, including privacy, false-identification risk by race, national origin, gender and age, data retention and sharing with law enforcement
- Exceptions: fingerprinting prospective school employees for Education Law compliance, and identifying employees who (or whose employee organization) consent in writing
- Commissioner's September 2023 determination: no school may buy or use facial recognition until a superseding order; other biometric technology is a local decision after weighing privacy, civil rights, effectiveness and parent input
Compliance checklist
- Refrain from using biometric identifying technology
- Prepare for compliance with future regulations
Latest legislative action
Jan 28, 2021. Signed, Chapter 2 of the Laws of 2021
Full analysis
Sponsors (showing 5 of 29)
| Name | Role |
|---|---|
| Clyde Vanel D | Primary |
| Joe Angelino R | Primary |
| JONES | Primary |
| KAVANAGH | Primary |
| WALLACE | Primary |
Roll call votes
Floor Vote: Vote Jan 25, 2021
47 yea16 nayPassed
Assembly Vote Jan 12, 2021
149 yea0 nay1 otherPassed
Topics and industries
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error