Biometric data retention: review report

Annex B

Summary of Recommendations

1. The existing retention periods for the biometric data of non-convicted persons should remain as set out in the 1995 Act.

2. For now, the current legislative silence in the 1995 Act should be retained with regard to the retention period for the biometric data of convicted persons, subject to

• the outcome of Police Scotland reviewing its retention policies.
• the findings of a robust evidence base once this has been assembled by Police Scotland.

3. Police Scotland to set up a Short Life Working Group to develop an options appraisal for their retention policies for the biometric data of convicted persons, which is evidence-based; observes the need for proportionality and necessity; and complies with the law and relevant legal rulings of the European Court of Human Rights (ECtHR), particularly Article 8 ECHR. The options must expressly prohibit indefinite retention without periodic review. The options should be consulted on, and new policies should be put in place by 31 October 2025.

4. Police Scotland should, as matter of routine, collect and retain accurate and robust management information in respect of the retention of biometric data going forward. This information should provide a solid and transparent evidence base to support future assurances that such retention policies are lawful, ethical, effective and proportionate.

5. Police Scotland should accelerate their current review of retention periods for volunteer data and put changes into place by 31 October 2025.

6. Police Scotland should collect management information to ascertain whether the one-month timeframe under Section 19 has caused any operational difficulty. If such evidence exists to support the need for change, the SG should consider bringing forward primary legislation, subject to consultation.