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NY A00954: Directs the director of the office of information technology services to conduct a study on the use of biometric identifying technology; prohibits th…

Enacted New York · 2021–2022 session

Last verified Sep 29, 2026 · official bill text

A00954 · where it stands

4 of 5 steps complete
  1. Introduced Complete
  2. Passed first chamber Complete
  3. Passed both chambers Complete
  4. Enacted Complete
  5. Effective Date not recorded
What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Enacted
Signed into law, or became law without a signature or over a veto.
Effective date
The date the law says it takes effect. Once it has passed, the page shows "Effective" and the date. A court order can still block a law; if we know of one, the summary says so.
Dead / vetoed
Vetoed, failed, or the session ended without action.
View full title

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

  1. Chapter amendment to Chapter 349 of 2020: moves the school moratorium from Education Law 2-e to State Technology Law 106-b
  2. Schools may not purchase or use biometric identifying technology, including for security, until July 1, 2022 or Commissioner of Education authorization, whichever is later
  3. 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
  4. 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
  5. Exceptions: fingerprinting prospective school employees for Education Law compliance, and identifying employees who (or whose employee organization) consent in writing
  6. 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 Who: Public and nonpublic schools Deadline: Until authorized by the commissioner Penalty: Potential legal issues
  • Prepare for compliance with future regulations Who: School administrators Deadline: Ongoing Penalty: To be determined based on future regulations

Latest legislative action

Jan 28, 2021. Signed, Chapter 2 of the Laws of 2021

Full analysis

This bill, introduced on January 6, 2021, requires the director of the office of information technology services to conduct a study on biometric identifying technology, specifically in public and nonpublic elementary and secondary schools, including charter schools. Until July 1, 2022, or until the commissioner of education authorizes its use, schools are prohibited from purchasing or utilizing such technology. The bill outlines specific exceptions for fingerprint identification of prospective employees and those who consent to the use of biometric technology. The commissioner of education cannot authorize the use of biometric technology without a report from the director, which must include recommendations on privacy protections, civil rights implications, and guidelines for appropriate use. The report must be made public and consider various factors, including the risks of false identifications and the effectiveness of biometric technology for school security. Stakeholder consultation is mandated during the report's preparation, ensuring input from teachers, parents, and experts in data privacy and civil rights. This comprehensive approach aims to balance the potential benefits of biometric technology with the need to protect individual rights and privacy in educational environments.

Sponsors (showing 5 of 29)

NameRole
D Primary
R Primary
Primary
Primary
Primary

Roll call votes

Floor Vote: Vote Jan 25, 2021

47 yea16 nayPassed

Assembly Vote Jan 12, 2021

149 yea0 nay1 otherPassed

Related and companion bills

Topics and industries

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