Protecting Privacy: The Push to Prohibit Facial Recognition Technology in New York’s Schools

Since 2018, parents, students, and organizations like mine, the New York Civil Liberties Union, have been raising concerns about the dangers of using error-prone and racially biased facial recognition technology in schools. Our concerns have now been validated by a recently issued report from the state Office of Information Technology Services.

The report, issued in August, states that the risks of using facial recognition technology in an educational setting outweigh the benefits. Now, it is up to the state Education Department to decide whether this technology should be allowed in schools. As advocates for the privacy and civil rights of New York’s students, we strongly urge the department to ban facial recognition in schools once and for all.

Research has shown that facial recognition technology is highly inaccurate, especially when it comes to identifying young people, women, and people of color. These systems constantly scan faces and can track children’s movements, potentially turning innocent behavior into evidence of wrongdoing or even a crime.

Another danger is that districts could share the biometric information collected by facial recognition technology with law enforcement or immigration authorities, posing a risk to students’ privacy. Additionally, there is always the possibility of this sensitive information being stolen by hackers.

Proponents of this technology often argue that it can enhance school safety, particularly in preventing school shootings. However, the report correctly points out that there is little evidence of real-life situations where facial recognition technology detected and prevented violent incidents. These systems also frequently produce false alarms, mistakenly identifying harmless objects as weapons.

The report emphasizes that regardless of the technology used, a school’s staff must have advance warning of individuals who should not be granted access for any security measure to be effective.

The NYCLU first became aware of facial recognition being used in New York schools five years ago when a concerned parent informed us about the Lockport City School District’s acquisition of this technology. Lockport purchased facial recognition cameras without adequate public input or using funds that should have been allocated for educational purposes, such as laptops or other technology to enhance student learning.

In 2020, the Education Department allowed Lockport to activate its facial recognition cameras, subjecting children as young as 5 years old to this invasive technology. This prompted the NYCLU to take legal action against the department. However, state lawmakers passed a bill that year placing a moratorium on the use of facial recognition and other biometric technology in schools.

The law prohibited the use of biometric technology on public school campuses until a comprehensive report on its costs and benefits could be issued. The recently released report concludes that facial recognition carries significant risks and lacks proven benefits.

The final decision regarding New York students’ privacy rights now rests with the state Education Department and Commissioner Betty Rosa. Commissioner Rosa can either side with dubious tech companies seeking to profit by jeopardizing the sensitive information of New York’s youth, or she can prioritize our children’s safety by rejecting ineffective and racially biased technology. This decision could also serve as an example for the rest of the country.

It is crucial that Commissioner Rosa makes it clear that facial recognition has no place in the classroom.

Stefanie Coyle is the deputy director of the NYCLU’s Education Policy Center.

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