Part 1

Regulation of biometric data
CHAPTER 2

Protection of biometric information of children in schools etc.

Exceptions and further provision about consent and notification
27
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Consent under section 26(3) may be withdrawn at any time.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Consent under section 26(3) must be given, and (if withdrawn) withdrawn, in writing.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 legislation.
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).
S. 27 in force at 1.9.2013 for specified purposes for W. by S.I. 2013/1566, art. 2
S. 27 in force at 1.9.2013 for E. by S.I. 2013/2104, art. 2(b)
S. 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)
Words 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)