World first for Scotland in use of biometric data and DNA

It represents a “significant human rights achievement” for Scotland and is something of which the country should be proud, said the Scottish Biometrics Commissioner Dr Brian Plastow.

Dr Plastow consulted extensively across the criminal justice sector while drawing up the detailed framework.

“It is important to strike the right balance between allowing Police Scotland to do what is required to keep people safe and to protect the human rights of the public,” he added.

“From today, Scotland is the first country in the world to have a national code of practice which gives guidance to the police on how biometric data and related forensic technologies can be used.

“It promotes good practice, transparency and accountability by setting out standards for professional decision making while matching the needs and responsibilities of policing with important human rights safeguards. Its implementation should enhance confidence in our criminal justice system.”

Cabinet Secretary for Justice and Veterans Keith Brown said: “Given the rapid increase in police use of biometric data and technologies in recent years, it is all the more important that we have an independent Commissioner who will raise public awareness about rights, responsibilities and standards.

“It is vital that we promote a clearer understanding of these issues in our communities – especially for young and vulnerable people.

“The code of practice prepared by the Commissioner symbolises Scotland’s progressive approach to biometrics, particularly in policing and criminal justice.

“I endorse the new code and support the Commissioner’s endeavours to promote high standards, transparency and accountability.”

The code not only sets out how biometric data can be acquired, retained, used and destroyed for criminal justice and policing purposes but also includes a complaints mechanism and the power of enforcement to ensure compliance.

It details 12 principles and ethical considerations to which Police Scotland, the Scottish Police Authority and Police Investigations and Review Commissioner must adhere. They include equality, lawful authority, ethics, privacy, respect for human rights and encouragement of scientific and technological advances.

While it is unique to Scotland, the code sits alongside frameworks that are being developed throughout the rest of the UK.

It was approved by the Criminal Justice Committee of the Scottish Parliament without amendment, and regulations were laid which introduced the code on a statutory basis with effect from today.

Dr Plastow was appointed Scotland’s first Biometrics Commissioner in 2021, since when he has established an organisation that provides independent oversight of biometric data and technologies used in criminal justice.