Source · Select Committees · Human Rights (Joint Committee)
Recommendation 82
82
Accepted
Under clause 34, an authorised person119 may take biometric information from a person (including children)...
Conclusion
Under clause 34, an authorised person119 may take biometric information from a person (including children) if the Government is in the process of facilitating their exit from a third country and they would need leave to enter the UK. This would cover, for example, crisis situations requiring evacuation. Biometric data would include data such as fingerprints and facial scans.120 For children under 16, the presence of a responsible adult is 118 Jesuit Refugee Services, BSAI0025, para 22 119 Meaning a person authorised by the Secretary of State, clause 34(6) 120 Defined in section 15(1a) UK Borders Act 2007 33 required. In contrast to the current law, it will enable biometric information to be captured without individuals needing to make a UK immigration application.121
Government Response Summary
The government clarifies that the Bill does not disapply data protection safeguards, as processing must still comply with UK GDPR principles and existing legislation for biometric data collection, including for children. It asserts that due diligence will be paid when sharing personal data.
Government Response
Accepted
HM Government
Accepted
We thank the Committee for its consideration of Clause 35 and note the concern about the transfer of personal data. The Bill does not provide a broad-brush approach or disapplication of data protection safeguards. Instead, it simply provides that for the purpose of international transfers, such processing is taken to be necessary for important reasons of public interest, meaning a derogation will be engaged. The processing will still need to comply with the general principles (Article 5 UK GDPR), lawful basis (Article 6 UK GDPR), which will generally require that processing is necessary for the performance of a task in the public interest and, in respect of any special category data, that the processing is necessary for reasons of substantial public interest (Article 9 UK GDPR). In this case, the public interest is that such processing may be used to support decisions relating to immigration permission after a person has been evacuated or had their exit facilitated from a third state. The Home Office will ensure that due diligence is paid when sharing any personal data, to ensure it is appropriately safeguarded, with particular attention paid to which third parties and countries the data is shared with. We also note paragraph 87, which identifies the importance of consent for collection of biometrics of children over 16. The Bill is aligned with wider biometrics policy applicable to anyone applying to come to the UK. The presence of a responsible adult is required for the collection of biometric data from children under 16 years old, a position that reflects existing legislation relating to the provision of biometrics under the Immigration Acts and for nationality purposes and the increased rights and responsibilities granted to those aged over 16 years.