Biometrics Commissioner

Legislation to create a Biometrics Commissioner, who will oversee how policing bodies take, store, use and dispose of data such as finger-prints, DNA samples and facial images, has been passed by Parliament.

Once in force, the Scottish Biometrics Commissioner Bill will ensure that the police’s approach to biometric data, including the potential use of new technologies such as facial recognition software, is carried out in a lawful, effective, proportionate and ethical way.

The Commissioner will prepare a code of practice to provide guidance and information on good practice for obtaining, using, holding and destroying biometric data for Police Scotland, the Scottish Police Authority and the Police Investigations and Review Commissioner.

The Bill approved by MSPs will also establish a complaints procedure for members of the public who may have concerns about how their data is being collected, held, disposed of and used, and an independent advisory group to provide advice to the Biometrics Commissioner.

Justice Secretary Humza Yousaf, who brought the legislation to Parliament, said:

“The role of biometrics is increasingly important in how crime is investigated, detected and prosecuted in Scotland. This legislation will ensure quality and consistency in how biometric data is collected, used, retained and destroyed by policing bodies.

“It is important that we equip Scotland’s police officers with the necessary technology to ensure they can continue to keep people safe. At the same time, it is important that the public has absolute confidence in those technological advances and how their data will be collected or retained.”

Background

The Scottish Biometrics Commissioner Bill, and accompanying documents, can be found on the Scottish Parliament website.

The legislation was drafted based on the recommendations of the Independent Advisory Group’s 2018 report on the use of Biometric Data.

The role and remit of the Commissioner will be reviewed every five years to ensure the legislation and processes keep up-to-date with technological advances.

The Commissioner will be appointed by and accountable to Parliament.

While an important role of the Biometrics Commissioner will be to support and promote lawful, effective and ethical practices in relation to biometric data, the Commissioner will also have the role of enforcing compliance with the code of practice. In the most serious of cases, the Commissioner could ultimately report failure to adhere to this to the Court of Session.