Protection of Freedoms Act 2012 (c. 9)

Valid from 01/10/2012

Part 1 U.K. Regulation of biometric data

Valid from 01/09/2013

CHAPTER 2 E+W Protection of biometric information of children in schools etc.

27 Exceptions and further provision about consent and notification E+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(3) Consent under section 26(3) may be withdrawn at any time.

(4) Consent under section 26(3) must be given, and (if withdrawn) withdrawn, in writing.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 the Data Protection Act 1998.