The following motion was tabled in the Scottish parliament on Friday 9 February 2007.

S2M-05567 Biometric and Surveillance Systems in Schools

• That the Parliament notes the recent decision by UK ministers to issue guidance to schools on the use of biometric systems;

• welcomes the acknowledgement that a completely unregulated approach to such technologies is inappropriate;

• notes that biometric systems are in place in some Scottish schools;

• is concerned that the Scottish Executive's initial description of parental consent as an "essential pre-requisite" before children can be fingerprinted has now been rephrased as merely a matter of "good practice";

• considers that there is a need for clear guidance from the Executive on the use of biometric and surveillance systems in schools before any increase in their use is contemplated;

• notes that section 8 of the Schools (Health Promotion and Nutrition) (Scotland) Bill is expected to lead to increased use of such systems;

• urges the Executive to produce guidance for education authorities on the implementation of section 8 and, in so doing, to give clear preference to systems other than those involving biometric and data-gathering technology;

• further notes that recent calls have been made for schools to introduce ID cards, CCTV, airport-style security scanners and random drug testing,

• and considers that wider debate is required on the role, if any, of such measures, the impact they may have on school culture and the limits within which they should operate.

19 Mar 2007 (debate in the House of Lords)

Baroness Walmsley asked Her Majesty's Government:

"What regulations they propose to make regarding the collection and storage of the biometric data of children in schools."

The Parliamentary Under-Secretary of State, Department for Education and Skills (Lord Adonis): "My Lords, the Government have no plans to make regulations on the collection and storage of the biometric data of children in schools. Biometric data, like all data, are covered by the Data Protection Act 1998."

Baroness Walmsley: "My Lords, I thank the Minister for that reply, but is he aware that the practice of fingerprinting in schools has been banned in China as being too intrusive and an infringement of children's rights? Here, it is widespread. We have even had a head teacher tricking three year-olds into giving their fingerprints by playing a spy game. Will the Government ban schools from carrying out this practice, unless parents specifically opt into the system following full and independent information about the so-called benefits of the system and the dangers of identity fraud?"

Lord Adonis: "My Lords, as I said, biometric data are covered by the Data Protection Act, whereby subjects must be given fair processing notices regarding the data and the purposes for which they will be used. Although children are by law the data subjects, it is normal, particularly in primary schools, for parents to be informed of data collected on their children. My department issues fair processing guidelines for schools, which is explicit about the need to see that such information is made fully available to parents."

Baroness Morris of Bolton: "My Lords, notwithstanding the assurances given by the Minister, does he not recognise the genuine concerns to which these issues give rise? These are serious matters of principle. What safeguards are in place to ensure the security of the data once collected? Are there any plans to link these data to the children's information-sharing index?"

Lord Adonis: "My Lords, these data can be held only by the schools. They cannot be shared more widely. The guidance, which my department issues to schools, says:"

"Data controllers have to provide data subjects with details of the data that they hold on them, the purposes for which they hold that data, and any third parties to whom it may be passed on. This is referred to as a `fair processing notice'."

"The arrangements are set up fully in the guidance. We believe that the controls are adequate."

Baroness Howe of Idlicote: "My Lords, can the noble Lord explain the exact purpose of this activity? I think that most people would be somewhat alarmed by the idea of having fingerprints taken and would connect it with criminal offences. If no research is being undertaken into why these figures are being collected, it seems a little bit vague."

Lord Adonis: "My Lords, biometric technology systems are normally used for three specific purposes in schools: library systems, attendance records and cashless-catering for school meals. The use of biometric systems of this kind can, for example, facilitate the take-up of free school meals, as there is no perception of those who are and who are not taking free school meals and therefore there is no social stigma attached. There are very good reasons why these processes are used and I think that most noble Lords who reflect on the matter would regard them as beneficial."

Baroness Carnegy of Lour: "My Lords, the Minister usually displays a great understanding and sympathy of what it is to be a child. Is he not concerned about the impression that children will get of what it is to live in a free country and what it is to be British if, in order to get the right school meals and other things, they can have their fingerprints taken? That seems completely astonishing to me. I suggest that the Government think hard about this and change their minds."

Lord Adonis: "My Lords, I would be happy to go with the noble Baroness to a school that operates these systems without any contention whatever. So far as the pupil is concerned, once they have provided this information, they have a card that they can use to access library services, free school meals and attendance registers in a more accessible and less intrusive way than was previously the case. As I said in response to the noble Baroness, Lady Howe, in the case of pupils who are eligible for free school meals, there is a great deal less social stigma than used to be attached to people having to show special forms for that purpose."

Baroness Carnegy of Lour: "My Lords, that is the trouble."

Lord Dholakia: "My Lords, how many schools hold records of children's fingerprints? What plans do the Government have to ensure that these records are not used in identity fraud?"

Lord Adonis: "My Lords, we do not have the data on individual schools. We regard it as the duty of the school to see that the material is properly safeguarded."

Lord Stoddart of Swindon: "My Lords, what happens to these data when the children leave school?"

Lord Adonis: "My Lords, they have to be destroyed. "

The Earl of Northesk: "My Lords, the Minister mentioned third parties and therefore implied that third parties may have access to the data. Could he delineate what sort of third parties might have access to the data?"

Lord Adonis: "My Lords, only those to which clear authorisation has been given by the school. I am happy to specify to the noble Lord the precise circumstances in which that takes place."

Baroness Miller of Chilthorne Domer: "My Lords, the Minister has made much of the need for biometric data for school dinner cards, otherwise known as smart cards. Does he accept that you do not need biometric data on them anymore than you do on a John Lewis loyalty card for them to be effective and not to stigmatise the take-up of free school meals?"

Lord Adonis: "My Lords, this has been found to be a reliable way of ensuring that the services can be made available. The onus is on those who think that it is not a reasonable way of proceeding to make their case."

Baroness Walmsley: "My Lords, while I have enormous respect for the Minister, his answer smacks of considerable complacency. This is widespread across the country. Children are being fingerprinted without their consent or their parents' consent. They are being victimised if they do not comply by not being allowed to use the library, by being threatened with exclusion and by being made to go to the back of the dinner queue if they do not have one of these cards. Will he look into this and find out what the real situation is rather than the theoretical one that he has so reasonably outlined?"

Lord Adonis: "My Lords, there is a certain amount of scaremongering in the noble Baroness's question, which I simply do not accept on the basis of the information that has been made available to my department."

29 Jan 2007 (written questions)

Mr Nick Gibb (Bognor Regis & Littlehampton, Conservative): "To ask the Secretary of State for Education and Skills what plans he has to issue guidance on the collection of biometric information by schools without parental consent." [110746]

Jim Knight: "The Department is currently consulting the Office of the Information Commissioner and the British Educational Communications and Technology Agency (Becta) about what additional guidance it will be helpful to publish on the use of biometric technologies in schools."

"Biometric information about pupils should be handled in the same way as other personal data about pupils and is subject to the Data Protection Act 1998. Under that Act schools are not necessarily obliged to seek the consent of parents about the use of biometric data, though it is for the school to ensure it is acting in compliance with the Act. However, under the terms of the Act schools should provide notification of their use of data to individuals involved."

Mr Nick Gibb: "To ask the Secretary of State for Education and Skills what estimate he has made of the number of schools that collect biometric information from pupils without parental consent." [110750]

Jim Knight: "The Department has no estimate of the number of schools that collect biometric information from pupils."

Greg Mulholland (Leeds, North-West) (LD): "To ask the Secretary of State for Education and Skills what (a) meetings and (b) correspondence he has had with (i) the British Educational Communications and Technology Agency, (ii) the Office of the Information Commissioner, (iii) other government departments and (iv) other groups or individuals on the updating of guidance to schools on the use of biometric technologies in the last six months; and what meetings he plans to have with those groups on subject in the next three months." [117441]

Jim Knight [holding answer 22 January 2007]: "The officials held preliminary meetings with the Office of the Information Commissioner on 6 November 2006 and with the British Educational Communications and Technology Agency (Becta) on 16 November 2006. Discussions are continuing in order to clarify what additional guidance it will be necessary to issue to schools on the use of biometric technologies. Further meetings will be held as appropriate in order to achieve this."

25 Jan 2007 (oral question)

Greg Mulholland: "The right hon. Gentleman will be aware of the growing concern at the increasing number of schools that are collecting data on pupils that is derived from biometrics such as fingerprinting, for use in electronic registration and library systems. He will also be aware of the fact that legal opinion, including that of the British Educational Communications and Technology Agency, has stated that this practice contravenes the Data Protection Act 1998. Does he agree that it is time to debate this important subject in the House?"

Mr Jack Straw: "I am not aware of the practice, but obviously people have accepted it. There is a problem with ensuring people's identity, and one of the ways of doing that is to use biometric data. Security in libraries is a big issue for younger and older people. If the hon. Gentleman really thinks that this is an important matter, he can raise it on the Adjournment."

22 Jan 2007 (written question)

Sarah Teather (Brent East, Liberal Democrat): "To ask the Secretary of State for Education and Skills whether his Department has approved for purchase with e-learning credits technologies which would facilitate the collection of biometric data."
[110561]

Jim Knight [holding answer 22 January 2007]: "The Department does not collect this specific information but only products to support the teaching of the national curriculum in England are eligible for eLearning Credits (eLCs)."

"The guidelines are at: http://www.curriculumonline.gov.uk/SupplierCentre/compliance.htm "

10 Jan 2007 (written question)

Mr Mark Lancaster (North East Milton Keynes, Conservative): "To ask the Secretary of State for Education and Skills what the legal basis is for schools (a) to obtain and (b) to hold records of pupils' fingerprints (i) with and (ii) without prior parental consent." [112783]

Jim Knight: "Schools and local authorities are responsible for deciding their own policies relating to information about children which they wish to hold and use, subject to the relevant law on data protection, confidentiality, freedom of information and human rights. It is for each school to decide whether or not to collect pupils' biometric data. A school may wish to obtain and hold such data for different reasons, so there may be different legal basis from one circumstance to another. However in obtaining and holding biometric data, the school is likely to rely on the broad powers contained in paragraph 3 of schedule 1 of the Education Act 2002 which give the governing body of a school the power to do anything which appears to them to be necessary or expedient for the purposes of, or in connection with the conduct of the school."

"Pupils' fingerprints should be handled in the same way as other personal data about pupils and are subject to the Data Protection Act 1998. Under the Data Protection Act consent is not the only condition for the collection and use of data and will not necessarily require schools to seek consent from parents about the use of Biometric data, though it is for the school to ensure it is acting in compliance with the Act. However under the terms of the Act schools should provide notification of their use of data to individuals involved."

8 Nov 2006 (written question)

Mr Tom Watson (West Bromwich East, Labour): "To ask the Secretary of State for Education and Skills what advice his Department gives to local education authorities which are considering introducing biometric technologies in schools." [99243]

Jim Knight: "Schools and local authorities are responsible for deciding their own policies relating to information about children which they wish to hold and use, subject to the relevant legislation on Data Protection and Freedom of Information. The Department has published guidance for schools and local authorities on implementing the legislation. Additionally Becta (British Educational Communications and Technology Agency) has published general guidance for local authorities and schools on the introduction of technology in schools and on Data Protection and Security issues. We have not issued specific guidance to schools and local authorities on the introduction of biometric technologies."

Mr Tom Watson: "To ask the Secretary of State for Education and Skills how much was spent in schools on biometric technologies in each of the last three years, broken down by local education authority." [99250]

Jim Knight: "The information requested is not collected centrally."

23 Oct 2006 (written question)

Mr Nick Gibb: "To ask the Secretary of State for Education and Skills how many representations his Department has received on the collection of biometric information by schools." [95097]

Jim Knight: "Since 1 January 2006 my Department has received 21 written communications which referred to the collection of biometric information by schools and nine phone calls on the subject."

Mr Nick Gibb: "To ask the Secretary of State for Education and Skills what his Department's policy is on whether schools should be allowed to collect biometric information on pupils without the consent of their parents." [95098]

Jim Knight: "The Department has not issued guidance to school governors on whether they should consult parents before implementing a policy of taking thumb prints for library issues. It is for each school to establish that it is acting lawfully in processing pupils' personal data and, on a case-by-case basis, is acting in compliance with the Human Rights Act 1998 andthe Data Protection Act 1998, and the commonlaw of confidentiality. The British Educational Communications and Technology Agency (BECTA) published guidance for schools in 2004 on their obligations and responsibilities under the Data Protection Act and other related legislation."

3 July 2006 (written question)

Ms Sarah Teather: "To ask the Secretary of State for Education and Skills if he will make a statement on the collection by schools of pupils' personal data, with particular reference to fingerprints." [82201]

Beverley Hughes: "I refer the hon. Member to the reply given on 27 February 2006, Official Report, column 504W, to the hon. Member for Bognor Regis and Littlehampton (Mr. Gibb)".

22 Jun 2006 (written question)

Ms Sarah Teather: "To ask the Secretary of State for the Home Department what Government policy is on the collection of minors' fingerprints." [79567]

Joan Ryan: "Under the Police and Criminal Evidence Act 1984, as amended, the police may take, without consent, fingerprints from all persons, including juveniles, who have been arrested for, informed they will be reported for or charged with a recordable offence and detained in a police station. The police may also take fingerprints from persons convicted of a recordable offence. Fingerprints which have been lawfully taken may be retained whether or not the person is charged with an offence or subsequently acquitted."

27 Feb 2006 (written question)

(2) "what requirement there is for informed parental consent to be given before biometrics are taken as part of a school's electronic (a) registration, (b) canteen and (c) library system;" [52961]

(3) "what estimate she has made of the number of (a) primary schools and (b) secondary schools which record biometric data on their pupils;" [52962]

(4) "what guidance her Department issues to schools on the recording of biometric information in schools in England;" [52963]

(5) "if she will make a statement on the use of biometric (a) registration, (b) canteen and (c) library systems in English schools;" [52964]

(6) "if she will issue guidelines to forbid the recording of biometric information of schools without parental consent." [52966]

Jacqui Smith: "My Department has issued no guidance to schools on the collection and recording of pupils' biometric information. In collecting data of this type the school is likely to rely on the broad powers contained in paragraph 3 of Schedule 1 of the Education Act 2002. This enables a governing body to do anything which appears to them to be necessary or expedient for the purposes of, or in connection with the conduct of the school. It will be for the school to establish that it is acting lawfully in collecting data and is, on a case-by-case basis, compliant with Human Rights and Data Protection duties and the common law of confidentiality. Schools should seek legal advice from their local authority where necessary. The British Educational Communications and Technology Agency."

"(BECTA) published guidance for schools in 2004 on their obligations and responsibilities under the Data Protection Act and other related legislation."

"We are aware that some schools do hold a photograph of pupils on their management information systems; use fingerprint scanners for the twice daily attendance registration of pupils; or use iris-scanners. However, my Department does not collect any information on how many schools use such equipment or hold photos or any other biometric data on their systems."

"The Department does not issue specific guidance on the procurement of cashless systems for school meals, which sometimes make use of biometric data, although it does encourage schools and local authorities to consider their use, within the context of improving take-up of free school meals, improving the efficiency of the meals service, and reducing possible causes of bullying from children carrying cash."

15 October 2002 (written question)

Mr Ian Liddell-Grainger (Bridgewater, Conservative): "To ask the Secretary of State for Education and Skills for what reason children's fingerprints are being taken in school libraries; if they will be stored securely; when they will be destroyed; and if she will make a statement on the system being used." [73318]

Mr. Ivan Lewis (Under-Secretary, Schools): "About 1,000 schools are using software provided by a company called Micro Librarian Systems (MLS), which gives purchasers an option to use thumb printing to identify individuals for the purposes of schools' library management systems. Key features of the prints are converted into a numerical code for recording on the system. MLS has given officials in the Department a demonstration of their software and we understand that, while the number could, with difficulty, be re-created, the original print itself is not stored and cannot be reconstructed."

"The Office of the Information Commissioner have confirmed that they are of the view that the current use of the software developed by MLS is compatible with the principles of data protection, given the existence of safeguards against wider use of the thumb prints than is necessary for the purpose for which they are being collected in schools. The data should be deleted once a pupil leaves a school in accordance with the fifth principle of data protection that "personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes".

"Ultimately, it is for schools to decide whether they wish to use this software or not and, if so, whether they wish to use the thumb print technology as part of it. If they do decide to use it, the OIC has stressed that schools should seek the consent of parents. We would add that schools should seek the consent of pupils where appropriate. MLS also strongly recommends in its literature to schools that they should contact parents to advise them of the technology and their intention to use it before beginning the registration process. In schools that do use the software with the thumb print option, there are alternative means of access for those pupils who choose, or whose parents choose, not to use the thumb print option, so they are not disadvantaged."

18 Mar 2002 (written question)

Mr Andrew Turner (Isle of Wight, Conservative): "To ask the Secretary of State for Education and Skills whether (a) maintained and (b) independent schools are required to collect information for the Pupil Level Annual Schools Census; and if she will list the information required." [42143]

Mr. Timms [holding answer 11 March 2002]: "The Pupil Level Annual Schools Census (PLASC) became a statutory requirement for all maintained primary, secondary and special schools and city technology colleges from January 2002. Maintained and direct grant nursery schools, non-maintained special schools, general hospital schools, Pupil Referral Units and independent schools are required to submit a School Level Annual Schools Census (SLASC) return containing pupil information in the form of school totals only."

"Both PLASC and SLASC collect information in the form of school totals on teaching and non-teaching staff. PLASC also collects information on classes as taught at class level as a snapshot at a specified time on the Census day."

23 May 2005, 8.37 pm (speech in the House Of Lords)

Baroness Kennedy of The Shaws: "The Venerable Bede school in Sunderland has been testing iris scanning for its dinner provision, so that when a child goes to the lunch hall, instead of swiping a card or inserting a token, he has his iris scanned to see if he has paid enough money into his account to cover his lunch. However, the school abandoned the scheme because too frequently the scanner did not recognise the iris patterns."