Consultation on the Scottish Biometrics Commissioner’s draft Complaints procedure on the Code of Practice
Public consultation on the Scottish Biometrics Commissioner’s Code of Practice - The Scottish Biometrics Commissioner is seeking views to help shape and improve their Procedures for Complaints about failure 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 or the Police Investigations and Review Commissioner.
The SBC has a statutory duty to provide for a procedure by which an individual, or someone acting on an individual's behalf, may make a complaint to the Commissioner that a person who is required by section 9(1) to comply with the code of practice has not done or is not doing so in relation to the individual's biometric data.
This draft Complaint Procedure explains how and under what circumstances a person may complain to us, how we will investigate a 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. This procedure is based on the seven principles of an effective complaints handling and was prepared under Section 15 of the Scottish Biometrics Commissioner Act 2020.
When drafting this procedure, the Commissioner consulted a number of public bodies, including our Advisory Group. Therefore, the draft Complaint Procedure you will be reading has already incorporated views from a range of consultees. The Commissioner must keep the procedure under review and must vary it whenever the Commissioner considers it appropriate to do so.
This consultation will close at 5:00 pm on Friday 21 October 2022.
How to feedback
There are two ways you can provide comments:
Please email Contact@biometricscommissioner.scot if you would like to respond via email.
You can also send your comments back to us by post: Scottish Biometrics Commissioner, Operational Manager. Bridgeside House. 99 Mc Donald Road, Edinburgh. EH7 4NS.
Once the consultation has closed, the responses will inform the final draft of the Complaint Procedure. The Commissioner will finalise the Complaint Procedure by 16 November 2022, which is the estimated date the Code of Practice will enter into force in Scotland.