A grade school is planning to use facial recognition to track student attendance. Which of the following may provide a lawful basis for this processing?
A.
The school places a notice near each camera.
B.
The school gets explicit consent from the students.
C.
Processing is necessary for the legitimate interests pursed by the school.
D.
A state law requires facial recognition to verify attendance.
Consent is not an option since the absence of consent would mean that the student could not attend any classes. The consent thus cannot be given freely according to art 6
D. A state law requires facial recognition to verify attendance.
A lawful basis under the GDPR for processing biometric data, such as facial recognition, is if the processing is necessary to comply with a legal obligation, such as a state law requiring facial recognition to verify attendance.
Legitimate interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
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