What’s it all about? Schools and colleges are increasingly making use of biometric identification systems for a number of purposes including recording attendance, cashless catering and site access. Systems already set up in places of learning include automatic fingerprint identification, iris and retina scanning, and face recognition.
The use of these technologies is governed by the Data Protection Act 1998. But from 1 September 2013 the provisions in the Protection of Freedoms Act 2012 will also come into effect. Under the act’s provisions, schools and colleges must notify the parents of pupils under 18 where they intend to use their child’s biometric data as part of a biometric recognition system.
What are the main points? The draft advice explains the legal duties schools and colleges will have. It includes an explanation of what biometric data, biometric recognition technologies and data processing mean. It also runs through the legal duties in relation to using children’s biometric data under the new and existing legislation.
This includes steps that schools and colleges should take in relation to obtaining consent to process children’s biometric data for school systems, a series of frequently asked questions, and a template notification letter and consent form. The advice also explains the pupil’s right to refuse and outlines the steps schools and colleges should take to ensure that pupils understand that they can object or refuse to allow their biometric data to be used.
The frequently asked questions section offers advice on a range of scenarios, including whether consent that has been granted can later be removed, whether schools can provide advice and accept consent via email, and what happens if one parent disagrees with another over granting consent.
Who can have their say? The consultation is open to representations from all parties.
When is the deadline? Friday 3 August
When will the findings be published? A summary of the results of the consultation and the Department for Education’s response will be published on the DfE e-consultation website in the autumn. A final version of the advice document will be produced at the start of the 2012/13 academic year in advance of the provisions in the Protection of Freedoms Act 2012 coming into force from September 2013.
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