Biometric Consent Form for the United Kingdom

Biometric Consent Form Template for England and Wales

A legal document governed by English and Welsh law that obtains explicit consent from individuals for the collection, processing, and storage of their biometric data. The form ensures compliance with UK GDPR, the Data Protection Act 2018, and other relevant legislation, providing transparency about how biometric data will be used and protected while outlining the rights of the data subject.

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What is a Biometric Consent Form?

The Biometric Consent Form is a crucial document required under English and Welsh law whenever organizations collect and process biometric data from individuals. It ensures compliance with UK GDPR and the Data Protection Act 2018, which classify biometric data as special category data requiring explicit consent. The form details the specific types of biometric data being collected, its intended use, storage methods, and the rights of the data subject. It's particularly important in sectors such as education, healthcare, and security, where biometric identification is increasingly common.

What sections should be included in a Biometric Consent Form?

1. Personal Information: Data subject's details including name, contact information, and relevant identifiers

2. Purpose of Collection: Clear explanation of why biometric data is being collected and how it will be used

3. Types of Biometric Data: Specific description of what biometric data will be collected (fingerprints, facial recognition, etc.)

4. Data Processing Information: Details about how data will be stored, processed, and protected

5. Consent Declaration: Explicit consent statement and signature section

What sections are optional to include in a Biometric Consent Form?

1. Parental Consent: Required when the data subject is under 13 years old

2. Third Party Processing: Include when external processors will handle the biometric data

3. Special Circumstances: Any specific conditions or exceptions applicable to the data subject

What schedules should be included in a Biometric Consent Form?

1. Privacy Notice: Detailed information about data protection rights and policies

2. Technical Information: Details about the biometric technology being used and security measures

3. Withdrawal Form: Template for withdrawing consent in the future

How do you write a biometric data consent form for employees?

To write a biometric data consent form for employees in the UK, you'll need to comply with the Data Protection Act 2018 and the UK GDPR. Start by clearly stating the purpose for collecting biometric data and the legal basis for processing it. Explain how the data will be used, stored, and protected. Provide details on data retention periods and the rights employees have, such as access, rectification, and erasure. Obtain explicit consent from employees, ensuring it's freely given, specific, informed, and unambiguous. Consider seeking legal advice for a comprehensive form, as biometric data is classified as sensitive personal data under UK law.

Is consent required to collect biometric information at work?

In the United Kingdom, consent is generally required to collect biometric information from employees at work. The Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) govern the processing of personal data, including biometric data. Employers must have a lawful basis for collecting such sensitive data, and consent is often the most appropriate basis. However, there are exceptions where consent may not be required, such as when processing is necessary for employment law purposes. It's advisable to consult the and seek legal advice to ensure compliance with data protection laws.

What should be in a biometric consent policy?

A comprehensive biometric consent policy should address key aspects to ensure compliance and protect employee rights. It should clearly explain the purpose and scope of biometric data collection, the types of data collected (e.g., fingerprints, facial recognition), and how it will be used and stored securely. The policy should outline the process for obtaining voluntary and informed consent, including the right to refuse or revoke consent without repercussions. It should also detail data retention periods, access controls, and the process for requesting deletion or correction of biometric data.

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Consent Form

Cost

Free to use
Industries

UK GDPR: Key legislation governing biometric data as special category data, requiring explicit consent. Defines requirements for valid consent (freely given, specific, informed, unambiguous) and establishes data subject rights and data protection principles.

Data Protection Act 2018: UK's implementation of data protection standards, including specific provisions for processing biometric data, requirements for explicit consent, and documentation requirements.

Protection of Freedoms Act 2012: Contains specific regulations regarding biometric information, particularly relevant for educational institutions and processing of children's biometric data.

Human Rights Act 1998: Relevant for Article 8 (right to privacy) considerations and proportionality requirements in collecting and processing biometric data.

ICO Guidelines: Information Commissioner's Office guidance on handling biometric data and implementing data protection requirements in practice.

Sector-Specific Regulations: Additional regulations that may apply depending on context: employment legislation for workplace contexts, education regulations for schools, healthcare regulations for medical settings.

Accessibility Requirements: Considerations for ensuring the consent form is accessible to all individuals, including those with disabilities or language barriers.

Age-Appropriate Considerations: Special requirements and safeguards when collecting biometric data from minors, including appropriate language and parental consent requirements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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