Operations
On this page you will find our Code of Practice, Complaints procedure and details of the work carried out by the office of the Scottish Biometrics Commissioner.
THIS PAGE IS CURRENTLY UNDER CONSTRUCTION
The Code of Practice
This Code of Practice has been prepared in accordance with the provisions of section 7 of the Scottish Biometrics Commissioner Act 2020 which provides that in furtherance of the Commissioner’s general function, the Commissioner must prepare, and may from time-to-time revise, a Code of Practice on the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes in Scotland.
This Code seeks to promote good practice, transparency, and accountability in Scotland by setting out an agreed framework of standards for professional decision-making which strikes the right balance between the needs and responsibilities of policing and our criminal justice system in terms of enforcing the law and keeping citizens safe, and the fundamental obligation to guarantee the basic human rights, privacy, and freedoms of individual members of the public.
The Code came into effect November 2022.
The Scottish Biometrics Commissioner launched a public consultation to help shape and improve the Code of Practice on the acquisition, retention, use and destruction of biometric data for criminal justice from April to May 2022. We received no responses from individual members of the public to that aspect of our consultation, although we did engage further with civil society through on line discussions forums such as the RSA network in Scotland.
The Scottish Biometrics Commissioner expert consultation on the Scottish Biometrics Commissioner’s Code of Practice. A key initial step was to consult with our professional Advisory Group maintained under Section 33 of the Scottish Biometrics Act 2020, including representatives from bodies to whom our functions extend. This consultation extended to UK policing bodies who operate in Scotland. The Scottish Biometrics Commissioner consulted the following expert bodies - WHO WERE THE BODIES?
Responses will be published shortly
The Scottish Biometrics Commissioner statutory consultation under Section 10 of the Scottish Biometrics Commissioner Act 2020. The Scottish Biometrics Commissioner ran a three month closed consultation between October and December 2021. This consultation included the following public bodies and other individuals and bodies with expertise in this field:
(a) Scottish Ministers
(b) the Lord Advocate
(c) the Lord Justice General
(d) the Faculty of Advocates
(e ) the Law Society of Scotland
(f) Chief Constable of the Police Service of Scotland
(g) Her Majesty's Inspectors of Constabulary in Scotland
(h) Scottish Police Authority
(i) Police Investigations and Review Commissioner
(j) Information Commissioner
(k) Scottish Human Rights Commission
(l) Commissioner for Children and Young People in Scotland
Responses will be published shortly
Under the terms of Section 11 of the Scottish Biometrics Commissioner Act 2020, the Scottish Parliament’s Criminal Justice Committee approved the draft Code of Practice.
The Scottish Biometrics Commissioner appeared before the Criminal Justice Committee to give evidence to the Parliament on the draft Code of Practice. See evidence session here Click to view full evidence session and transcript here: The full transcript can be read here
Letter of Response To Criminal Justice Committee, June 2022.
- Equality & Human Rights Assessment
- Business Regulatory Impact Assessment
- Community Impact Assessment
Complaints
This document outlines the complaints procedure established by the Scottish Biometrics Commissioner under the provisions of Section 15 of the Scottish Biometrics Commissioner Act 2020 about failures to comply with the Code of Practice on the acquisition, retention, use and destruction of biometric data for criminal justice and policing purposes in Scotland by Police Scotland, the Scottish Police Authority (SPA), or the Police Investigations and Review Commissioner (PIRC).
This procedure explains how and under what circumstances you may complain to us, how we will investigate your complaint, the juristic status of the Commissioner in relation to the investigation and determination of such matters, and the powers in relation to ensuring compliance with the Code of Practice.
Complaints Procedure
National Assessment Framework
The purpose of this document is to set out details of the national assessment framework for biometric data outcomes in Scotland to be used by the Scottish Biometrics Commissioner when conducting the general function prescribed in law to support and promote the adoption of lawful, effective, and ethical practices in relation to the acquisition, retention, use, and destruction of biometric data for criminal justice and police purposes in Scotland.
This document should be read in parallel with our Code of Practice once brought into regulation by Scottish Ministers which will establish a statutory framework of Guiding Principles and Ethical Considerations on the acquisition, retention, use, and destruction of biometric data for criminal justice and policing purposes in Scotland.
Guidance
The purpose of this short guide is to assist members of the public in Scotland in understanding the main types of biometric data that is acquired, used, retained, and destroyed for policing and criminal justice purposes in Scotland.
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A personal reflection from the Scottish Biometrics Commissioner on how biometric technologies have transformed policing and criminal justice in Scotland.
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Reviews
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Correspondence
Scottish Ministers have now given approval for the statutory Code of Practice prepared by the Commissioner to be brought into effect without modification under section 12 of the Scottish Biometrics Commissioner Act 2020. We anticipate regulations being laid before the Scottish Parliament in September to bring the Code into legal effect in November 2022
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Under the terms of section 12 of the Scottish Biometrics Commissioner Act 2020, and following approval of the draft Code of Practice by the Scottish Parliament Criminal Justice Committee, the Commissioner has now written to the Cabinet Secretary seeking the approval of Scottish Ministers for the draft Code. Once approved by Scottish Ministers, Scottish Government officials will prepare a Scottish Statutory Instrument to be laid before the Parliament before the Code can take legal effect.
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A letter of response to Criminal Justice Committee. The original response from the Criminal Justice Committee on the Draft Code of Practice can be viewed on our website.
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Following an evidence session on 15 June 2022, the Scottish Parliament Criminal Justice Committee has written to the Commissioner indicating that they are content for the draft code of practice to be submitted to Scottish Ministers in its current form for approval under the procedure outlined in section 12 of the Scottish Biometrics Commissioner Act 2020
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