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Code of Practice

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.

Public Attitudes to Police Use of Biometric Data

The Scottish Biometrics Commissioner commissioned ScotCen to conduct a public attitudes and awareness survey on the use of biometrics in the policing context. The survey informed the shape of the Code of Practice. The survey indicated fairly high levels of public confidence in how biometrics are used for criminal justice and police purposes in Scotland. Public Attitudes Survey

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

        (m) British Transport Police's response

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 a number of expert bodies.

Responses will be published shortly 

Response from GeneWatch 

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 full evidence session and transcript.

Letter of Response to the Criminal Justice Committee - June 2022

Criminal Justice Committee letter of response to the Scottish Biometrics Commissioner - June 2022

Under the terms of Section 12 of the Scottish Biometrics Commissioner Act 2020, the Scottish Government approved the draft Code of Practice.

Correspondence from the Cabinet Secretary for Justice and Veterans to the Scottish Biometrics Commissioner - August 2022

Scottish Biometrics Commissioners letter to the Cabinet Secretary for Justice and Veterans - July 2022

Terms of Reference

Advisory Group Minutes

Advisory Audit Board Minutes

Team Meeting Minutes

Correspondence

In this submission to the Scottish Parliament the Scottish Biometrics Commissioner provides comments to the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill. This response focuses exclusively on the “Ethics of the police” part – which gives legal recognition to a code of ethics for the police.

SBC Submission To SPJC ECS Bill Nov2023

The Commissioner has today welcomed the belated response from the Director of Justice providing an update on the status and membership of the Scottish Government Criminal Justice Board and RRT programme. Last September, the Commissioner together with the Chief Inspector’s of Constabulary, Prisons, Prosecution, and the PIRC Commissioner had called for greater transparency regarding the role and composition of the Board. The Commissioner now looks forward to a joint meeting with the Director of Justice to discuss issues such as the Digital Evidence Sharing Capability (DESC) project which, amongst other things, will facilitate the electronic exchange of biometric and forensic evidence between justice partners.

Director of Justice's response to joint letter 

To view the original joint letter submitted to the Director of Justice click here 

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.

Correspondence from Cabinet Secretary for Justice and Veterans 

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.

Letter to Cabinet Secretary for Justice and Veterans 

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.

Letter of response to Criminal Justice Committee - June 2022

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.

SBC Code of Practice Criminal Justice Committee Response

Scottish Government officials have today responded to the request from the Commissioner to meet with the Minister for Community Safety. Officials acknowledge that since writing, a meeting has been arranged between the Commissioner and the Cabinet Secretary, and that the Minister for Community Safety looks forward to learning of the outcome of those discussions.

Response from Minister for Community Safety's Private Secretary 

Together with HM Chief Inspector of Prosecutions in Scotland, HM Chief Inspector of Constabulary, HM Chief Inspector of Prisons, and the Police Investigations and Review Commissioner, the Scottish Biometrics Commissioner has today written to Scottish Government asking for clarify on the current status and priorities of the Criminal Justice Board for Scotland.

Joint letter to Scottish Government 

Commissioner request meeting with new Community Safety Minister to discuss opportunities to enhance public trust and confidence in the use of biometrics in the wider criminal justice ecosystem in Scotland.

Letter to Minister for Community Safety

The Scottish Biometrics Commissioner has responded to the Home Office’s proposals for a draft code of practice which implements Part 2, Chapter 3 of the Police, Crime, Sentencing and Courts Act 2022. The SBC provides a number of suggestions to improve the draft code ranging from references to Scottish law and the centrality of necessity, proportionality and effective remedy to highlighting adequate standards for vulnerable adults and children when extracting biometric data from electronic devices.

SBC submission to Home Office 

The Scottish Biometrics Commissioner has been invited by the Criminal Justice Committee to provide written evidence for a roundtable session on tackling online child abuse, grooming and exploitation. The response to the committee (below) highlights the potential use of biometrics in the investigation of online child abuse, the importance of accreditation for digital forensics’ laboratories and the need of prevention policies that go beyond policing.

Letter to Convenor of Criminal Justice Committee

As my first year in office draws to a close, I wish to take this opportunity to acknowledge the outstanding contributions made to policing in Scotland by the outgoing HM Chief Inspector of Constabulary in Scotland, Gill Imery QPM, who will shortly vacate office.

Statement by Commissioner