Frequently Asked Questions
What does the Scottish Biometrics Commissioner do?
The Scottish Biometrics Commissioner ensures that Police Scotland, the Scottish Police Authority and the Police Investigations and Review Commissioner adopt lawful, effective and ethical practices to safeguard how biometric data is acquired, retained, used and destroyed for policing and criminal justice purposes
Is the Scottish Biometrics Commissioner independent?
Yes – the Commissioner is independent of the Scottish Government and the Scottish Parliament. As a values-led organisation we conduct our activities in a way that is Independent, Transparent, Proportionate and Accountable
How is the Scottish Biometrics Commissioner funded?
Funding is through the Scottish Parliamentary Corporate Body (SPCB). The Scottish Biometrics Commissioner Act 2020 provides for the SPCB to pay the salary and expenses of the Commissioner, and any expenses incurred in the exercise of the Commissioner’s function. Each year the SBC submit an estimated bid for funding to the SPCB. Further information can be found within our Annual Report & Accounts, our Strategic Plan or within our Medium-Term Financial Strategy
What organisations are covered by the Scottish Biometrics Commissioner?
Police Investigations and Review Commissioner
What powers does the Commissioner have?
The Commissioner has the power to ensure that biometric data is used in a lawful, effective and ethical manner in relation to policing and criminal justice. Compliance against the statutory Code of Practice is measured by conducting assurance reviews of biometric practices carried out by Police Scotland, the Scottish Police Authority and the Police Investigation and Review Commissioner. The Commissioner investigates complaints and potential breaches of the Code of Practice and has the power to serve compliance notices.
How is the Commissioner appointed and how are they accountable?
The Commissioner is nominated by the Scottish Parliament and appointed by the monarch, for a period of no more than eight years.
The Commissioner’s terms of appointment are in Schedule 1 of the Scottish Biometrics Commissioner Act 2020.
The Commissioner’s independence on decision-making and key statutory functions is an important aspect of their role and guaranteed by statute. They remain accountable to the Scottish Parliament for operations generally and are subject to many of the accountability structures that apply to Scottish public authorities.
What kind of penalties can the Commissioner impose?
The SBC has no punitive powers.
Assurance Reviews
We report our findings back to our key stakeholders with any relevant recommendations to implement.
Code of Practice
The Commissioner can issue compliance notices if it considers that Police Scotland, the Scottish Police Authority or the Police Investigations and Review Commissioner have not adhered to, or are not complying with, the Code of Practice. This is a notice addressing the failure to comply and issuing steps that must be taken to address this.
Where this fails the Commissioner may report the matter to the Court of Session.
What is the background of SBC staff?
The SBC enjoys a blend of staff drawn from police and non-police backgrounds. Find out more about who we are and meet the team.
How do you decide which assurance reviews to conduct?
The assurance reviews are based on strategic objectives and priorities as laid out in the 4-Year Strategic Plan 2025/29.
What happens when the SBC lays a report at Parliament?
When a report is laid at Parliament, this means it will be published on our website and made available to the public. The dates of all our forthcoming reports can be found within our Strategic Plan 2025/29.
What are biometrics?
Put simply, Biometrics are a way to measure a person’s physical, biological, physiological or behavioural characteristics to establish or verify their identity.
The main biometric data types used regularly in Scotland at present for policing and criminal justice purposes are Fingerprints, DNA and Photographic images.
Why would my biometrics be taken from me, for what purpose?
Biometrics are taken to confirm your identity, for use as evidence if you have committed a criminal offence or to help eliminate you from an investigation.
The Police Scotland website provides further information on what samples may be taken and the reasons for taking them.
What samples may be taken from me?
You may have a photograph of your face taken, a copy of your fingerprints, mouth swabs or hair samples taken to obtain your DNA profile.
Where is my biometric data stored?
Your biometrics will be stored or destroyed depending on the circumstances. The Criminal Procedure (Scotland) Act 1995 and Criminal Justice (Scotland) Act 20023 control how Police Scotland gather, use, share and destroy biometric data. The Scottish Police Authority – Forensic Services (SPA FS) process samples and retain biometric data on behalf of Police Scotland.
How long will my biometrics be held?
The retention period is dependent on the police investigation and/or court proceedings and the nature of the offence. Further details can be found on the Police Scotland website and within the Record Retention Standard Operating Procedure.
You may also find it useful to read the Scottish Government and Scottish Biometrics Commissioner’s joint report on biometric data retention.
Can I request deletion of my biometric data?
You can request deletion, but eligibility will depend on the criteria for which it was taken. You can contact Police Scotland via a Subject Access Request (SAR) to establish what is held and whether you can request its destruction.
You can apply to withdraw consent at any time for biometric samples provided with consent under Section 56 of the Criminal Justice (Scotland) Act 2003.
Does the Commissioner deal with biometrics outside of policing?
No, the Commissioner deals only with biometrics for policing and criminal justice purposes by Police Scotland, the Scottish Police Authority and the Police Investigations and Review Commissioner.
Does the SBC cover public space surveillance (CCTV)?
No, the Commissioner’s functions do not extend to this technology. There is currently no oversight of public space CCTV surveillance in Scotland.
Can the SBC provide more detail on the use of live facial recognition?
The Commissioner’s blog in June 2025 explains why he would support its use in certain circumstances.
At the Scottish Police Authority Board meeting of August 2025, Police Scotland confirmed they have taken the decision to move ahead with the future use of live facial recognition.
As this area develops, you may find further information on our News page.
What complaints do you deal with?
You can complain about the SBC, including:
- our standard of service
- dissatisfaction with our policy
- our failure to follow proper procedure
- treatment, by, or attitude of a member of staff
You can also complain to the SBC if you think that Police Scotland, the Scottish Police Authority or the Police Investigations and Review Commissioner have not followed the Code of Practice for the acquisition, use, retention and destruction of your biometric data
Who should I complain to?
If you’re complaining in relation to your biometric data, please first read our complaints procedure and this will guide you through the process.
We would also suggest you contact Police Scotland or the Scottish Police Authority or the Police Investigations and Review Commissioner in the first instance to afford them the opportunity to resolve or explain the matter.
To complain about the SBC – please submit a complaints form.
How do I submit a complaint?
You can complain in person at our office, by phone, in writing, by email or by submitting our online complaints form.
What sort of information should I include in my complaint?
The complaints form will ask for your details, who you are complaining about, the basis for your complaint and what resolution you are seeking.
Who investigates complaints?
For complaints against the Code of Practice, the Operations Manager will investigate the complaint, and the findings will be considered by the Commissioner who will determine whether the Code has been breached.
Complaints against the SBC, will be investigated by the Corporate Services Manager and taken to the Commissioner for any further action.
How long do I have to make a complaint?
Typically, you have three years to make a complaint, starting either from when the event occurred or from when you first became aware of it.
Please note that the Code of Practice came into effect on 16 November 2022 and we cannot consider complaints for events prior to this date.
Can I apply anonymously?
No, as this a formal procedure we require your personal details. We need this information about you and the organisation you are complaining about to progress with the investigation.
If your complaint is against the SBC, you CAN apply anonymously.
Will my complaint remain confidential?
Yes, it is confidential. Whilst your complaint will be logged on the Disclosure Log which may be viewed on the SBC website, it will be anonymised, and your personal details will not be made public.
Can someone make a complaint on my behalf?
Yes – you can give consent to a representative to make the complaint on your behalf by filling out the appropriate consent form.
How long will your investigation take?
Code of Practice complaints:
We aim to complete our investigation in 30 working days.
Complaints against the SBC:
This investigation is a two-stage process. We aim to resolve Stage 1 within 5 working days and Stage 2 where possible within 20 working days. The complaints handling procedure explains further.
What happens if my complaint is upheld?
If a breach of the Code of Practice is established the Commissioner will publish their findings in a report (unless of a minor nature). A compliance notice may be served on the body concerned.
What options exist if I don’t agree with the decision?
Complaint against the Code of Practice:
If you are unsatisfied with the outcome, you can request a meeting with the Commissioner who will explain their findings and discuss your concerns. If you remain unsatisfied you may wish to seek legal advice.
Complaint against the SBC:
If you are unsatisfied with the outcome, you may be able to have it reviewed by the Scottish Public Services Ombudsman (SPSO) complaints handling process.
How do I make a freedom of information request?
You can make a request by contacting us by telephone, email or in writing, or via the online form
How can I find out more about making a Freedom of Information Request?
More information is available from the Scottish Information Commissioner.
What type of information can I ask for and is there a cost?
You can see what information is and is not available in our publication scheme along with any charges that me be applied and how to request information that has not been published.
Will details of my FOI request be published on your website?
The Disclosure Log on our website holds anonymised versions of all FOI responses in our commitment to openness and transparency.
Will personal information about me be held by the Scottish Biometrics Commissioner?
Our Privacy Notice explains the types of personal data we may collect about you and how we will use, store and protect it. In doing this we will comply with data protection law.
How long will it take to get a response?
We aim to acknowledge your request within 5 working days and provide a response within 20 working days.
What if I’m not happy with the response?
You can ask for us to review our response and if you remain unhappy you can appeal via the Scottish Information Commissioner.
I have additional requirements – what support measures are in place
We try to make our website and documents easy to use. However, if you cannot access an area or experience a problem, please feedback with this form.
We will also always ensure that reasonable adjustments are made to help people with an interest in our function and can arrange for information in another language or format, or Braille. Please contact us to request this.
I want to make a complaint but feel I need extra support. Can I ask others for help?
Yes, you can give consent for others to act on your behalf e.g. a friend or relative. Please see the ‘Complaints – FAQs’ section above.
We will also always ensure that reasonable adjustments are made to help people with an interest in our function and can arrange for information in another language or format, or Braille. Please contact us to request this.
You may also wish to consider contacting Citizens Advice Scotland, the Law Society of Scotland or the Scottish Independent Advocacy Alliance for additional support.
I am not happy with the outcome of my complaint but need support with any extra steps
You may wish to consult your local Citizens Advice Bureau or a solicitor about any further action which may be available.
I need a document sent out to me
Please refer to the ‘contact us’ section below and where possible we will accommodate your request.
How do I contact the SBC?
You can reach us by telephone, email or in writing, or via the online form. We also have an office in Edinburgh although as we operate hybrid working, staff predominantly work from home – however, any letters or messages will be passed to us by the Bridgeside House reception desk.
- Bridgeside House, 99 McDonald Road, Edinburgh, EH7 4NS
- 0131 202 1043
- contact@biometricscommissioner.scot
What are your office hours?
Monday to Friday 9am – 5pm
Links to other organisations:
- Police Scotland: Biometrics - Police Scotland
- Scottish Police Authority: Forensic Services - Scottish Police Authority
- Police Investigation and Review Commissioner: Police Investigation & Review Commissioner
- Scottish Information Commissioner: Scottish Information Commissioner
- Scottish Public Services Ombudsman: SPSO information
- Scottish Public Services Ombudsman: Complaints Handling Principles
The Scottish Biometrics Commissioner cannot arrange biometrics for oversees visas. Fingerprints are often used for security and identification purposes when working abroad. You should check the requirements of the specific country you are planning to travel to as protocols and procedures vary. You may be able to arrange with Police Scotland to have your fingerprints taken for this purpose (a fee may apply).
We have the following information for those seeking a Canadian Visa:
Visa Application Centre
Tel: 0203 603 3860
Email: info.canuk@vfshelpline.com
Canadian Consulate
Tel: 0330 500 1224