27Exceptions and further provision about consent and notificationE+W
(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(3)Consent under section 26(3) may be withdrawn at any time.
(4)Consent under section 26(3) must be given, and (if withdrawn) withdrawn, in writing.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 [F1the data protection legislation].
[F2(6)In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]
Textual Amendments
F1Words in s. 27(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 176(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2S. 27(6) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 176(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Commencement Information
I1S. 27 in force at 1.9.2013 for specified purposes for W. by S.I. 2013/1566, art. 2
I2S. 27 in force at 1.9.2013 for E. by S.I. 2013/2104, art. 2(b)