Summary
3.The purpose of the Act is to establish a new Scottish Biometrics Commissioner (“the Commissioner”) who will support and promote the adoption of lawful, effective and ethical practices in relation to biometric data in a policing and criminal justice context. “Biometric data” is a relatively broad and evolving concept, encompassing “first-generation biometrics” such as fingerprints, DNA and custody photographs as well as new and emerging technologies (or “second-generation biometrics”) such as facial recognition software, remote iris recognition and behavioural biometrics such as voice pattern analysis.
4.In order to support and promote the adoption of lawful, effective and ethical practices in relation to biometric data in a policing and criminal justice context, the Commissioner will keep under review the law, policy and practice relating to the acquisition, retention, use and destruction of biometric data by specified bodies: the Police Service of Scotland (“Police Scotland”), the Scottish Police Authority (“the SPA”) and the Police Investigations and Review Commissioner (“the PIRC”). The Commissioner’s range of functions will include preparing, and monitoring compliance with, a code of practice which will provide information, guidance and rules regarding the standards and responsibilities of Police Scotland, the SPA and the PIRC in relation to biometric data in order to ensure good practice, drive improvement and enhance accountability.