New York appears to be the first state in the nation to impose a temporary ban on the use of facial recognition technology in schools.
Gov. Andrew Cuomo signed the bill outlawing biometric technology until July 2022 on Tuesday, citing the potential infringement on civil liberties as a primary motivation.
“Facial recognition technology could provide a host of benefits to New Yorkers, but its use brings up serious and legitimate privacy concerns that we have to examine, especially in schools,” Cuomo said in a statement. “This legislation requires state education policymakers to take a step back, consult with experts and address privacy issues before determining whether any kind of biometric identifying technology can be brought into New York’s schools.”
The legislation was introduced after the New York Civil Liberties Union and the New York chapter of the American Civil Liberties Union filed a lawsuit seeking to end the use of facial recognition technology in the Lockport Central School District in western New York. The NYCLU argued that the biometric technology’s accuracy was questionable.
“For children, whose appearances change rapidly as they grow, and for people of color and women more broadly, the accuracy of biometric technologies is highly questionable,” said Donna Lieberman, NYCLU executive director.
The move was hailed by Democrats in the New York State Legislature who say that this technology is too aggressive for a classroom setting. New York Assemblywoman Monica Wallace, who led the charge in the state’s lower chamber, praised the governor for signing the bill into law.
“Before spending millions of dollars on this new and unproven technology, we owe it to students, parents, and taxpayers to take a hard look at whether facial recognition software is appropriate for use in schools,” Wallace said. “I thank Governor Cuomo for signing this legislation and recognizing the need to further study the issue.”
“It makes no sense to bring this aggressive surveillance technology into our schools when no one has made a compelling case … that it can be used without violating the privacy and civil rights of students, staff, and visitors,” said state Sen. Brian Kavanaugh. “I thank Assemblymember Wallace for her leadership; the students, families and advocates for effectively challenging the use of this technology; and the Governor for signing this important legislation into law.”
Lockport School Superintendent Michelle Bradley said she was “profoundly disappointed” with the bill in July.
“The legislative effort would result in over $1 million of taxpayer money being committed to an approved system that cannot be used to protect the district community from sex offenders and others who present a threat,” Bradley wrote in an email to the Buffalo News. “The district does not believe that there is any valid basis on which it should be prevented from utilizing this available, approved and operating technology to enhance the safety and security of the district’s students, staff and visitors, and to respond to real world threats.”
