Consent needed by schools to process biometric data

I do have other posts pending but as it is that time of year students start new schools I am re-posting this salient information, originally posted in May 2017.   Also see the UK Department for Education's 'Protection of biometric information of children in schools and colleges'

Schools obligations to students biometric data

It's that time of year again, when parents with children going up to high schools are encountering biometric systems in their children's new schools and are unsure of their rights to consent and what responsibilities the school has to ensure school services are not withheld from students who do not participate in their biometric system.  Hopefully this will clarify schools, parents and children's position.  A PDF version can be found here.

A school’s responsibility

A school cannot take and process a student’s, under 18 years old, biometric data without the consent of the parent/s or the student.  Consent must be given in writing from the parent/s.  Consent can be withdrawn at any time.

CONSENT

·         If one parent consents and the other does not, the non-consent takes precedence.

·         If the parent/s consent and the student does not, the students non-consent takes precedence.

·         If the parent/s do not consent and the student does consent, the parents non-consent takes precedence.

If a consent is not given the school “must ensure that reasonable alternative means are available by which the child may do, or be subject to, anything which the child would have been able to do, or be subject to, had the child’s biometric information been processed.” as detailed in the Protection of Freedoms Act 2012,Chapter 2 Section 26 (7).

Parents

Parent/s must be informed by the school that they are using a biometric system and the school must gain written consent from the parent/s to take and process their child’s biometric data.  You may withdraw your consent at any time.

Schools do not always make it clear when asking for consent that an alternative to the biometric system is available and that non-consent ultimately lies with the student.

Students

Regardless of consent given by your parent/s you alone determine whether a school takes and processes your biometric data.   If you choose not to use a biometric system the school must provide an alternative and must not withhold any services from you that is available through their biometric system.  You may withdraw your consent at any time.

Biometric consent for students in Scotland

Under the Protection of Freedom Act 2012 if schools want to use and process a child's biometric data
they must ask for consent from the pupils and parents.  Schools must also offer an alternative option to access systems if consent is not given to process a student's biometrics - such as a pin number or swipe card.

Schools use a student's biometrics to access facilities such as canteen, library, registration, etc, and the biometric of choice seems to favour the fingerprint.

The Protection of Freedom Act 2012, Chapter 2, details how schools must seek consent to hold and process student's biometric data.  However, this consent only applies to children in England and Wales and with Scottish authorities planning to roll out more biometric technology in schools to extend consent for Scottish students, around the use of their biometric data, is absolutely reasonable. 

In order to move towards consent for children in Scotland (and Northern Ireland) Freedom of Information requests have been sent to every local authority in Scotland to determine how prevalent the technology is in schools, whether consent is sought, type of biometrics used and for what purpose.  As it is school holidays, and given that the beginning of term is busy, we expect to this this information back by end October 2018 and then work to get this issue of consent raised in the Scottish Parliament.