Set guardrails on facial recognition technology in schools | OPINION | Opinion

Throughout my career as an attorney, I’ve fought for kids in family court. When they were removed from their families because of neglect or abuse, I advocated to ensure placement in a loving home, access to resources and services and attendance at a safe school. I came to fully understand the critical need for our kids to be safe from harm, especially in places like the classroom.

As someone who’s worked closely with these vulnerable kids, the thought of not being there for them during a moment of crisis makes my stomach churn. It’s easy to give in to the belief the more fortified our schools are, the safer they will be, and that every dollar not spent on a cutting-edge tool like facial recognition technology is a wasted opportunity to protect our kids. This is just not true. In fact, the things that turn our schools into fortresses may be a danger unto themselves.

Despite marketing claims from the school surveillance industry, a 2023 ACLU report found evidence on the effectiveness of Facial Recognition Technology  to meaningfully improve student safety is lacking. Giving these private technology vendors carte blanche in our public schools opens the door to unintended consequences, especially with a technology as powerful — and buggy — as facial recognition. When private companies have the limitless power to monitor the behaviors of our students, the social patterns of our teachers, and the identities of family members we give them an enormous amount of trust that may not be deserved.

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Facial recognition technologies are also notoriously faulty, especially with women, people of color, and people with disabilities. These errors have resulted in the wrongful arrests of people like Steve Talley, a financial advisor who spent nearly two months in jail for a bank robbery he did not commit. Children are particularly vulnerable to these mistakes, as they undergo rapid changes to their physical appearance and behavior an algorithm may struggle with. 

Thoughrecent privacy laws such as the Colorado Privacy Act and Privacy of Biometric Identifiers & Data protect the privacy of Coloradans in many contexts, they do not apply to public schools. As the federal government continues its overreach in stifling free speech and deporting long-time residents without a criminal record, there is nothing currently stopping them from purchasing data collected from facial recognition technologies in public schools without our knowledge or consent. Allowing unregulated facial recognition technology into our schools only emboldens these bad actors — and makes our kids second-guess their autonomy and safety.

SB25-143, my bill drafted with the input from dozens of diverse stakeholders, provides common-sense guardrails to protect students, parents and teachers from abuses of this technology. For instance, the use of facial recognition technology requires consent from students with limited carveouts. This models to our children a healthier relationship between them and the technologies they will use in their adult lives. It also allows schools to use this technology for use in curriculums approved by local school boards. Though there are opportunities for innovation with this technology, these guardrails ensure these possibilities do not become liabilities.

Throughout my career, I’ve advocated for the well-being of children in family court. I take enormous care as a legislator to ensure our work continues to be in the best interest of the next generation. I believe passing SB25-143 is a critical step toward protecting all of Colorado’s kids in our evolving world.

Lindsey Daugherty represents District 19 in the Colorado Senate. She was recently elected to the Senate after serving two terms in District 24 of the Colorado House of Representatives.