Asked by
To ask Her Majesty’s Government what assessment they have made of
the adherence of schools to Chapter 2 of the Protection of
Freedoms Act 2012 when implementing biometric technologies.
The Parliamentary Under-Secretary of State, Department for
Education () (Con)
My Lords, the decision to use biometric technology rests entirely
with individual schools, which must ensure that the use of
biometric data complies with all relevant legislation. We provide
guidance, making clear that schools must comply with the law when
implementing biometric technologies, including the Data
Protection Act, the UK GDPR and the Protection of Freedoms
Act.
(LD)
Facial recognition technology is now used in classrooms to
monitor children’s mood and engagement, despite some parents
objecting. The biometric regulator has no powers to enforce
compliance with the law in schools and the department does not
even monitor the use of this technology. Why are the Government
taking this approach, allowing private companies’ marketing
departments to determine the parameters of our children’s civil
liberties and privacy in the classroom?
(Con)
The Government have extensive legislation in relation to the
individual’s rights for their own data, particularly highly
sensitive data such as biometric data. The Government have been
clear that live facial recognition technology is not appropriate
in schools and colleges.
of Darlington (Lab)
Some 65% of transactions are now cashless in schools, using
biometrics, so the idea that we can turn the clock back is
unrealistic. However, it is clear that schools must have
confidence that these systems work, and there is a complex legal
framework around the use of these technologies. Does the Minister
think that it would be helpful to schools to have some crisp,
clear guidance, so that these systems can be used safely and with
parental confidence?
(Con)
The noble Baroness is right. The department is working on the
guidance and is aware that it needs updating. I am expecting it
to be updated very soon. There will be some important changes
within it, particularly in relation to the use of live facial
recognition technology.
(Lab)
My Lords, the Minister quite rightly spoke about data protection.
Do the Government agree that this is not just about the
individual’s data but about their dignity as well? Is this the
way we should be softening up our young people for treatment by
corporates coming out of China or anywhere else in the
future?
(Con)
The Government are not softening up our children. The use of
biometric data in schools requires explicit consent from both
parents of a child, and the child themselves can overrule that,
should they wish.
(LD)
My Lords, from what the Minister has said today, it is clear
that, despite promises, no new guidance has been produced since
2018, the Government have no means of ensuring compliance with
that guidance and they have very little information about the use
of this technology in schools. From that, can we conclude that
this Government are washing their hands of virtually any
responsibility for the deployment of this technology?
(Con)
The Government are clearly not washing their hands; there are
very clear procedures which schools must follow if they want to
introduce this technology and very clear procedures which must be
followed if a breach takes place.
(Con)
My Lords, for what purposes are biometric technologies used in
schools?
(Con)
There are a range of purposes. One, as the noble Baroness, Lady
Chapman, mentioned, is in relation to payment; another is access
to libraries, where fingerprinting is often used. They are also
used in order that children accessing free school meals do not
have a separate payment system and are not stigmatised and their
dignity is not affected.
(LD)
Why will the Government not allow the Biometrics Commissioner to
be the regulator of schools? The commissioner has asked for that,
and the Government have so far refused. Why are the Government
refusing a regulator to ensure that the rules and regulations
that the Minister keeps referring to are being adhered to by
every school in this country?
(Con)
There is already a regulator. The Information Commissioner’s
Office regulates this area and, if the noble Lord would let me
respond, the key statutory functions of the Biometrics
Commissioner are explicitly to keep under review the retention
and use of DNA and fingerprints by the police.
