The Information Commissioner’s Office discovered that a school in Chelmsford did not properly obtain clear permission to process sensitive data.
The data protection watchdog reprimanded a secondary school in Essex for implementing facial recognition technology (FRT) for cashless canteen payments without a data protection impact assessment (DPIA) in place. This assessment is crucial for identifying and managing risks associated with processing sensitive data like biometric information.
Chelmer Valley High School in Chelmsford was found to have violated the law by not completing the necessary assessment before introducing FRT in its canteen in March 2023. The school failed to obtain explicit consent to process sensitive data, depriving students of the choice to decide on its use.
The ICO highlighted the importance of handling information correctly in a school canteen environment, emphasizing that all organizations deploying new technologies must conduct assessments to mitigate data protection risks and ensure compliance with laws.
Despite having around 1,200 pupils, the school did not seek affirmative ‘opt-in’ consent for FRT usage, relying on assumed consent until November 2023. The ICO guidance mandates opt-in consent for all data processing activities, dismissing the concept of ‘opt-out consent.’
Failure to conduct a DPIA can result in enforcement actions and fines up to £8.7 million. The school’s failure to consult with relevant parties before implementing FRT, including the data protection officer, parents, and students, was also noted.
Chelmer Valley High School has accepted the ICO’s recommendations and implemented measures to ensure proper consent for student participation in the cashless canteen system. The ICO encourages schools to embrace new technologies but stresses the importance of following correct procedures.
In a similar case, the ICO raised concerns about North Ayrshire Council’s use of FRT in its schools, citing potential infringements of data protection laws due to inadequate consent procedures. The council was advised to clarify data collection, usage, storage, and retention practices to students in an age-appropriate manner.
The company responsible for installing FRT systems in NAC schools, CRB Cunninghams, claimed that FRT could significantly reduce transaction times in school canteens. Please rewrite the following sentence:
“The quick brown fox jumped over the lazy dog.”
Rewritten: The speedy brown fox leaped over the lethargic dog.
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