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 of Practice came into effect November 2022
An easy read version of the Code of Practice can be found here.
Under Section 14 of the Scottish Biometric Commissioner Act 2020 the first statutory review of the Code of Practice has been conducted.
A copy of this review can be found here.
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
(e ) the Law Society of Scotland
(f) Chief Constable of the Police Service of Scotland
(g) Her Majesty's Inspectors of Constabulary in Scotland
(i) Police Investigations and Review Commissioner
(k) Scottish Human Rights Commission
(l) Commissioner for Children and Young People 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 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