Privacy News
New York State’s Moratorium on Biometric Technology
Last December New York State issued a moratorium on the use of biometric identifying technology in schools that prohibits the purchase and use of these types of technologies. This law applies to all biometric data, including facial recognition technology, but extends to “fingerprints, handprints, retina and iris patterns, DNA sequence, voice, gait, and facial geometry.” This can pose some difficulties for schools that use these technologies to deliver services, track payments, and for device access. Recognizing the “potential for some unintended consequences” the New York legislature amended a “‘technical error’ in the moratium” and then added an exception for “fingerprinted background checks for prospective employees.” The New York law is unique as the law requires the state’s Director of Information Technology Services to reviewpotential school technology requests to determine if the technology
is K-12 appropriate while considering the privacy implications of accessing biometric data. The law also requires the Director to produce a report on the “risks and benefits of biometric technology in schools during the moratorium” which may allow for changes to the legislation in 2022. Schools can address this legislation by: • Identifying any current technologies in use that collect biometric data, and what specific biometric data is collected • Determining if technology can be used if the technology includes biometric features that are disabled • Updating policies to reflect these new technology use requirements • Ensuring contracts with technology providers include informationonbiometric data collection and use when applicable Learn more about this NYS moratorium here. Looking for a good book? Add these notable privacy and security books to your reading list! Check out these recommended privacy and security books from2020, including the latest release from student data privacy expert Linnette Attai, president of PlayWell, LLC. on “Managing Vendor Relationships.” Happy Reading!
Data Privacy & Security Service, Issue 22
Page 5
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