Biometric data retention: review report

Footnotes

1. Use of biometric data: report of the independent advisory group, March 2018

2. Section 18 – 19C of the Criminal Procedure (Scotland) Act 1995

3. Data Protection Act 2018

4. Gaughran v The United Kingdom (coe.int)

5. Scottish Biometrics Commissioner Act 2020.

6. Scottish Biometrics Commissioner – Code of Practice on the acquisition, retention, use and destruction of biometric data for policing and criminal justice purposes – November 2022

7. Scottish Biometrics Commissioner – Complaints procedure for a failure to comply with the Code of Practice

8. Section 19AB of the 1995 Act also includes provision around destruction (in the context of sexual risk orders)

9. Part 3, Chapter 2 of the Data Protection Act 2018

10. Definition of relevant physical data can be found in Section 18(7A) of the Criminal Procedure (Scotland) Act 1995 .

11. Independent Advisory Group on the Use of Biometric Data in Scotland (2018), page 77, paragraph 10.3

12. Section 56 of the Criminal Justice (Scotland) Act 2003

13.S. and Marper v. The United Kingdom (coe.int)

14. Both judgements dealt with whether the interference posed by the retention of biometric data for the prevention of crime to the right to private life (Article 8 ECHR) had been justified.

15. The Independent Commission for Reconciliation and Information Recovery (Biometric Material) Regulations 2024

16. Section 64A of the Police and Criminal Evidence Act 1984

17. Section 64A of The Police and Criminal Evidence (Northern Ireland) Order 1989

18. Decision pending by Police Scotland to join the Strategic Facial Matcher programme

19. Scottish Biometrics Commissioner – Code of Practice on the acquisition, retention, use and destruction of biometric data for policing and criminal justice purposes – November 2022 (pages 41-42)

20. The SPA follows Police Scotland policy for retention and deletion of biometric data. Similarly, the PIRC retention periods follow their Complaint Handling Review file retention policies or the relevant conclusion schedule for the material collected. For further information see: PIRC's Records Management Policy.

21. Historic policies on the usage and retention of CHS data were previously formed by Scottish Criminal Record Office on behalf of the Association of Chief Police Officers in Scotland (ACPOS).

22. Scottish Biometrics Commissioner – Assurance Review on the acquisition, use, retention of images and photographs for criminal justice and police purposes, March 2024

23. Joint assurance Review on the acquisition of biometric data from children arrested in Scotland, March 2023

24. SPA - Current Scottish DNA Database Statistics

25. Forensic Information Databases annual report 2023 to 2024

26. Forensic Information Databases annual report 2023 to 2024

27. SBC - Assurance Review of the acquisition, use and retention of images and photographs for criminal justice and police purposes, March 2024

28. SBC - Assurance Review of the acquisition, use and retention of images and photographs for criminal justice and police purposes, March 2024

29. A comparative audit of legislative frameworks within the European Union for the collection, retention and use of forensic DNA profiles, 2014 (Updated 2016), EuroForGen Network of Excellence, Reed & Syndercombe Court.

30. It is to be noted that biometric samples are not taken or required for all instances of arrest in Scotland.

31. Scottish Government (2024) Criminal Proceedings in Scotland, 2021-22 – Updated

32. It should be noted that the latest figure for the UK, as highlighted in the Forensic Information Databases annual report 2022 to 2023, was 7,045,155

33. Forensic Genetics Policy Initiative Website

34. DNA">Interpol Website

35. Pakistan Journal of Criminology Website

36. SG - Reconviction Rates in Scotland: 2018-19 Offender Cohort

37. Police Scotland - Recording-weeding-and-retention-of-info

38. Germany - Act on the Federal Criminal Police Office and the Cooperation of the Federal Government and the Länder in Criminal Police Matters

39. Trajkovski and Chipovski v North Macedonia

40. Court of Justice of the European Union: Right to erasure

41. Regulation (EU) 2019/1157 of the European Parliament and of the Council

42. LQDN fights to protect French citizens from biometric mass surveillance - European Digital Rights (EDRi)

43. See footnote 40

44. SBC Code of Practice: 12 guiding principles & ethical considerations (page 8)

45. Human Rights Act 1998

46. European Convention on Human Rights

47. Equality Act 2010

48. Public Sector Equality Duty

49. UK General Data Protection Regulation

50. M.K v France

51. Gaughran (Appellant) v Chief Constable of the Police Service of Northern Ireland (Respondent) (Northern Ireland)

52. B.B v France

53. Peruzzo and Martens v Germany

54. Van der Velden v. the Netherlands