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Consent under section 26(3) may be withdrawn at any time.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Consent under section 26(3) must be given, and (if withdrawn) withdrawn, in writing.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 Act 1998.