Requires the commissioner of education to require all schools to obtain permission from parents prior to collecting a pupil's biometric information

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.