Part 1Regulation of biometric data

CHAPTER 2Protection of biometric information of children in schools etc.

27Exceptions and further provision about consent and notification

1

For the purposes of section 26(2) and (3), the relevant authority is not required to notify a parent, or obtain the consent of a parent, if the relevant authority is satisfied that—

a

the parent cannot be found,

b

the parent lacks capacity (within the meaning of the Mental Capacity Act 2005) to object or (as the case may be) consent to the processing of the child's biometric information,

c

the welfare of the child requires that the parent is not contacted, or

d

it is otherwise not reasonably practicable to notify the parent or (as the case may be) obtain the consent of the parent.

2

A notification under section 26(2) must be given in writing, and any objection to the processing of a child's biometric information must be made in writing.

3

Consent under section 26(3) may be withdrawn at any time.

4

Consent under section 26(3) must be given, and (if withdrawn) withdrawn, in writing.

5

Section 26 and this section are in addition to the requirements of the Data Protection Act 1998.