Biometric data
Biometric data, such as DNA, fingerprints and custody photographs, has commonly been used in policing for many years.
Rapid advances in the availability of biometric technologies - including facial recognition software, remote iris recognition and voice pattern analysis - offer great potential in the detection, prevention and prosecution of crime.
We want to ensure that the approach taken by policing bodies to the collection, use, retention and disposal of this data is lawful, ethical and effective and that it respects the rights of individuals, improves police accountability and maintains public trust in the procedures which govern its use.
The use of biometric data in policing is a matter for the Chief Constable who has operational independence from Scottish ministers. However, we brought forward legislation to create an independent commissioner to ensure a legitimate and ethical approach. Therefore, while it is for Police Scotland to ensure that it observes the law and good practice in its use and retention of biometric data, it is for the Scottish Biometrics Commissioner to take action if Police Scotland are not doing so.
Biometrics Commissioner
The Scottish Biometrics Commissioner Act 2020 created the role of a new independent Biometrics Commissioner. The Act responded to recommendations contained in a 2018 report into the use of biometric data by an independent advisory group.
Dr Brian Plastow took up post as the Commissioner in April 2021 and reports directly to the Scottish Parliament.
The roles and responsibilities of the Commissioner can be found on his website, along with the statutory code of practice on the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes. The code of practice is leading the way in a progressive approach to public accountability for police use of biometric data. We endorse the code and support the Commissioner’s endeavours to promote high standards, transparency and accountability.
The Commissioner is currently conducting a joint review, in partnership with the Scottish Government, on the retention periods for biometric samples taken for police purposes. This was also a recommendation of the 2018 independent advisory group report. Further information on the joint review can be found on the Commissioner’s website.