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Posted

What are people doing / have done for the new Government guidelines for September 2013 that written consent has to be sought before schools can hold biometric information.

 

BBC News - Biometric data: Schools will need parents' approval

 

I had heard this hasn't been passed through the house or lords but also some organisations are saying that it is required. Our cashless catering provider was unable to help and when I contacted Biostore they are in the process of putting some information together.

 

Is this a legal requirement for September 2013 or not?

Posted

 

Is this a legal requirement for September 2013 or not?

 

Whether it is or it isn't it would still be good practice to gain consent from parents and provide an opt-out method for those who choose to opt out.

Posted
Whether it is or it isn't it would still be good practice to gain consent from parents and provide an opt-out method for those who choose to opt out.

 

When we originally launched our cashless catering system 3 years ago, we gave all parents the opportunity to attend school for a parent meeting to go through the information we would hold and to listen and hopefully resolve any concerns they had. Only 3 families turned up and after the meeting they were happy for us to hold biometric details on their Son / Daughter. We however do not have any hard written returns from our parents as it was originally an opt-out scenario. The question I ask, is whether we now need to contact all parents again and actually get written consent from them to hold this information and hold this within school.

Posted (edited)
I guess this is where the confusion comes in. It was an idea to be consulted - not sure whether it was actually passed through after the consultation period on the 3rd August 2012. I can't find any information to say that it has all been agreed.

 

That linked article is pretty clear? It points out that the Protection of Freedoms Act 2012 has been passed and is law, and that law specifies that consent must be gathered before biometric information is allowed to be gathered.

 

The consultation is to gather information to formulate the advice to schools on how to handle the new law.

Edited by localzuk
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Posted

 

At the end of that article ;

 

The Department for Education is providing the advice for schools, sixth form colleges and 16 – 19 Academies. The Department for Business, Innovation and Skills will provide advice to FE institutions with under-18 students. Please contact the BIS press office on 020 7215 5982 for more information on its advice.

 

Might be worth a ring @Sylv3r

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Posted (edited)

This is worth a read (don't think it was linked to above....)

 

http://media.education.gov.uk/assets/files/pdf/p/biometrics%20advice%20revised%2012%2012%202012.pdf

 

And this from the FAQs in the above is the key bit:

 

Will parents be asked for retrospective consent?

No. Any processing that has taken place prior to the provisions in the Protection of Freedoms Act coming into force will not be affected. From 1 September 2013 (when the new duties in the Act take effect),any school or college wishing to continue to process

biometric data from that date must have already sent the necessary notifications to each parent of a child and obtained the written consent from at least one of them before continuing to use their child’s biometric data

 

So you will need to seek the consent for any student that is on-roll from 1st September 2013 even if they have been on the system before that date and working fine. I also note it is saying under the age of 18 all the way through it so ensure you seek it from the parents of Sixth Form students and not just the students.

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Edited by john
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