The Act Commentary on Sections Part 1: Regulation of biometric data Section 28: Interpretation: Chapter 2
146.This section defines various terms used in Chapter 2 of Part 1.
147.Subsection (2) defines ‘biometric information’ as information about a person’s physical or behavioural characteristics or features from which he or she can be identified, and which have been obtained or recorded so that it can be used for the purposes of an automated biometric recognition system. Subsection (3) provides a non-exhaustive list of biometric information that includes data pertaining to fingerprints, skin patterns, features of a person’s palm, features of a person’s eye, and information about a person’s voice or handwriting. Subsection (4) defines a biometric recognition system as a system which operates automatically and processes biometric information in order to recognise or identify an individual.
148.Subsections (5) to (8) define who is a ‘parent’ for the purpose of Chapter 2. The definition is such that, under section 26, consent must be obtained from a child’s mother, father or any other individual who has parental responsibility for the child. Subsections (6) to (8) apply where it has not been possible to obtain consent from any of these individuals; in such circumstances consent is to be sought from the child’s carers unless the child has been placed with the carer by a local authority or a voluntary organisation, in which case, parental consent must be obtained from the local authority or, as the case may be, the voluntary organisation.