Skip to content
Council Discourse

NYC Council meetings, chaptered and linked by time.

Created by Uzair Qadir

Inspired by Vikram Oberoi's City Meetings

Q&A

Gutiérrez on behavioral monitoring and biometric surveillance prohibitions

New York City Council · Jun 24, 2026 · starts 3:10:52 · 1 min 45 sec

Gutiérrez asks about the prohibition on behavioral monitoring, noting the guidance says it's prohibited but also says DOE is reviewing how policies apply. Strickland confirms behavioral monitoring is in the red/prohibited area and DOE is ensuring it stays closed, not opening it up. Gutiérrez confirms the prohibition extends to device monitoring, emotional recognition, facial recognition, and profiling.

Jennifer Gutiérrez

Let me find it in here.

Jennifer Gutiérrez

Okay, here it is.

Jennifer Gutiérrez

I think Councilmember Hanif asked about biometrics, but we wanted to know a little bit more around behavioral monitoring, which it states that it's prohibited at this moment.

Jennifer Gutiérrez

Behavioral monitoring is prohibited in the guidance.

Member of the Public

Correct.

Member of the Public

That's in the red area in terms of a feature of a system.

Member of the Public

Correct.

Jennifer Gutiérrez

But the guidance also says that New York City Public Schools is reviewing how existing policies apply to AI-related collection and use of biometric and behavioral data.

Jennifer Gutiérrez

So is it prohibited or are you all...

Jennifer Gutiérrez

Exploring or studying or considering biometric use for behavioral monitoring.

Member of the Public

So the biometric we talked about is illegal to use.

Member of the Public

Behavioral monitoring, again, is red area.

Member of the Public

So I think in both cases,

Member of the Public

we might be continuing to look at that, almost to be sure that if any tool comes that begins to encroach on those areas, we point out that we can't allow that to happen.

Jennifer Gutiérrez

Okay, so you're not considering it.

Member of the Public

Yeah, we're not opening it up.

Member of the Public

We're making sure it stays closed.

Jennifer Gutiérrez

Got that.

Jennifer Gutiérrez

Okay.

Jennifer Gutiérrez

And then, let's see.

Jennifer Gutiérrez

Does the prohibition also apply to device monitoring, emotional recognition, facial recognition, profiling, or any other forms of surveillance?

Carmen N. De La Rosa

Broadly, yes.

Jennifer Gutiérrez

Thank you.