On December 22, 2020, New York State experienced a significant legal shift in the field of educational technology with the enforcement of Technology Law Section 106-b. This law places a restriction on all school districts – public, private and charter – prohibiting them from utilizing any biometric technology. Such technology includes, but is not limited to, fingerprint or facial recognition.
The purpose for the utilization of biometric technology under this law is strictly limited. The only acceptable uses are either as required by the Education Law or for identifying employees who have individually given their consent or have done so through their union. This legislation stands as an important update on the Commissioner of Education’s standing on the use of biometric technology in schools.
This prohibition falls in line with an increasing global trend of concern over the use of biometric data. Schools across New York State are now forced to reconsider and adapt their use of various technologies within their infrastructures. This shift in the legal landscape prompts critical questions concerning current and future uses of biometric technology in educational settings. As corporate legal professionals, keeping abreast of these updates is crucial.
For the full legal implications of this shift, you can refer to the full report as compiled by the Law Firm Bond Schoeneck & King PLLC here.