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November/December, 2007
Thumbs up or down, law requires biometrics policy*
The question for this issue is answered by Anna Lovern, director, policy services, and Linda Dawson, director, editorial services.
*Clarification: Districts that currently collect biometric information are required (by the law discussed below) to have a biometrics policy. Districts that do not collect such information are not required to have a policy on biometrics. The question raised is from a district that collects biometric information.
Question: A parent recently complained to our board because we don't have a policy governing finger scanning identification technology. We used a fingerprint scan system all last year in our cafeteria. Do we need a policy?
Answer: Even though you were already using the technology, you do need a policy and here's why. The legislature voted to amend the Illinois School Code this year to add sections relating to student biometric information. The governor signed the legislation (Public Act 095-0232) on August 16, but wording within the Act made it effective as of August 1.
That means all school districts in Illinois that collect biometric information from students will need to update their district policy manuals to include policy statements on student biometric information, if they don't have such statements already in place.
Biometrics, according to Raymond J. Fry of IndentiMetrics, "are automated methods of recognizing a person based on a physiological or behavioral characteristic. They include face, fingerprint, hand geometry, handwriting, iris, retina, vein or voice — anything that's a part of you."
Fry was interviewed for the October/November 2006 issue of Upgrade, a publication of the Software & Information Industry Association. A full copy of the article, "Positive ID at Your Fingertips," is available at http://www.siia.net/upgrade/archive/1011_06/1011_06.pdf.
Biometrics is not a new technology, Fry said. Even the ancient Egyptians used body characteristics to identify workers and prevent them from getting more provisions than they were due. But since the events of 9/11, heightened concerns about security and increases in identity theft have led to more use of the technology by many different sectors.
Suppliers of finger scan equipment cite security, privacy, ease of use and cost effectiveness as reasons for schools to use the technology for building entry, lunch purchases or any of a number of different security-sensitive reasons. Fry's company emphasizes that the fingerprint images are only scanned and never stored, and that fingerprints cannot be recreated from the template.
Because parents in particular may be very sensitive to this issue, as evidenced by the complaint to your board, the legislature approved the change to the School Code so that districts will need to have a policy in place in order to collect such information.
According to the Act, the minimum requirements of such a policy are:
The Act also states that a student cannot be denied services otherwise available to the student because the legal guardian or the student failed to provide written consent.
Sample policy language designed to meet the requirements of this legislation was included in the October 2007 issue of PRESS, along with other changes required by legislative action from the 95th session of the General Assembly. For more information about sample policy language, contact any member of the Policy Services staff.