Denver, CO – Colorado is at a critical juncture concerning the deployment and regulation of AI-driven facial recognition technologies within educational institutions. A moratorium, instituted in 2022 to halt the expansion of this technology in public and charter schools, is slated to lapse in July 2025. This comes at a time when a groundbreaking law, also set to be activated at the same juncture, aims to regulate the application of biometric technologies more rigorously.
The existing pause was part of a legislative effort spearheaded by Colorado State Senator Chris Hansen to explore the implications of biometric systems, following concerns about privacy and the effectiveness of these systems in enhancing school security. Despite the moratorium, schools that had previously implemented facial recognition technology were permitted to continue its use. Notably, nearly 400 such cameras are currently operational across the Cheyenne Mountain School District in Colorado Springs.
The technology’s merits, particularly in emergencies, are not lost on lawmakers including Hansen, who acknowledges its potential for quickly locating individuals and bolstering building security. Colorado’s painful history with mass shootings, notably beginning with the Columbine High School tragedy in 1999, lends weight to arguments favoring enhanced security measures.
However, skepticism remains. Entities like the ACLU of Colorado caution against unforeseen consequences, pointing to studies that question the technology’s effectiveness in preventing violence. There’s a shared sentiment about the necessity of balancing the benefits offered by AI technologies against concerns of misuse and invasive surveillance.
Adding to the legal landscape, Governor Jared Polis recently signed HB 1130, an amendment to the Colorado Privacy Act, which is designed to provide stringent data protection starting July 2025. This legislation could position Colorado as a forerunner in biometric data privacy, closely paralleling the influential Illinois Biometric Information Privacy Act (BIPA).
HB 1130 is distinguished by its encompassing scope and the introduction of specific requirements and restrictions for biometric and facial recognition technologies. The enactment reflects a growing recognition of the need to govern the proliferating use of sensitive biometric data, aligning with broader trends toward greater consumer privacy protection.
Furthermore, Senator Hansen has also sponsored HB24-1468, which establishes a task force to investigate the broader impacts of various AI applications. This task force is entrusted with a comprehensive mandate that includes providing clarity on definitions, establishing notification and disclosure norms, and proposing best practices for assessing the ethical utilization of AI technologies.
As the expiration of the moratorium nears, the convergence of these laws represents a pivotal development in Colorado’s approach to managing biometric technologies. The state’s educational settings will likely serve as a critical arena where the tensions between technological integration, privacy rights, and security needs will unfold.
As Colorado adjusts to these new legal frameworks, the effectiveness of these legislative measures in harmonizing security enhancements with privacy protections remains to be seen. The upcoming years will be crucial in setting precedents that could influence future biometric privacy policies both within and beyond Colorado.