欧洲议会近日致函英国有关方面,要求对其国内中小学要求在校学生刷指纹的普遍做法给出合理解释,欧洲议会认为此举违反了欧盟有关隐私保护的法律。
The European Commission has demanded Britain justifies1 the widespread and routine(日常的,例行的) fingerprinting3 of children in schools because of "significant concerns" that the policy breaks EU privacy laws. The commissioner4 is also concerned that parents are not allowed legal redress5(救济,赔偿) after one man was told he could not challenge the compulsory6(义务的,必修的) fingerprinting, without his permission, of his daughter for a "unique pupil number".
In many schools, when using the canteen or library, children, as young as four, place their thumbs on a scanner and lunch money is deducted7(扣除,减去) from their account or they are registered as borrowing a book.
Research carried out by Dr Emmeline Taylor, at Salford University, found earlier this year that 3,500 schools in the UK – one in seven – are using fingerprint2 technology.
EU data protection rules, Brussels legislation that overrides8(重写,忽略) British law, requires that the gathering9 of information such as biometric fingerprints10, must be "proportionate" and must allow judicial11 challenges.
"We should be obliged if you could provide us with additional information both regarding the processing of the biometric(生物计量的) data of minors12 in schools, with particular reference to the proportionality and necessity in the light of the legitimate13 aims sought to be achieved, and the issue concerning the availability of judicial redress," said the letter, seen by The Daily Telegraph.
Hank Roberts, a member of the executive of the Association of Teachers and Lecturers, welcomed the EU's intervention14.
"I am very pleased the European Commission is taking action. I believe the fingerprinting of children is a totally unnecessary infringement15(侵犯,违反) of civil liberties that could have far reaching implications," he said. "The legal situation must be looked at. This is being done surreptitiously(偷偷地,秘密地) without parents being told."
The commission has taken up the case of a Scottish father who has battled education authorities for several years because his daughter's fingerprints were taken without the family's permission.
Refused permission to take the case to court, the father was told by Information Commissioner's Office, the British data protection watchdog, that the secondary school did not need to ask parental16 permission to fingerprint his child.
He was also informed that his daughter's "consent could not be freely given" because her fingerprint scan was needed if she was to be able to get school dinner.
"There are significant concerns that the compulsory fingerprinting of children for these purposes is against the EU data protection directive," said a commission official.
Guy Herbert, general secretary of the NO2ID privacy campaign, said: "The big issue is that people have no redress. There is nothing people can do. If we had a right of privacy then people would have access to the courts."
Schools are not currently under a legal duty to consult parents before collecting biometric data, although the government advises them to do so.
The commission is acting17 on concerns by the "Article 29 Working Party", a group of EU data protection watchdogs, including the British Information Commissioner.
"Over the years, there has been an increase in access control in schools. This may involve collecting, at entry, biometric data such as fingerprints, iris18, or hand contours. In certain situations such means may be disproportionate to the goal, producing an effect which is too intrusive19(侵入的,打扰的) ," the report concluded.
In May, the incoming Conservative and Liberal Democrat20 coalition21 promise to "outlaw22 the fingerprinting of children at school without parental permission". A government spokesman was not available yesterday to comment on the commission's letter.