Scottish Biometrics Commissioner: Review of Functions
Overview
Biometrics are a way to measure an individual's physical, biological, physiological or behavioural characteristics to establish or verify their identity. Examples include an individual's DNA profile, fingerprint, image, movement, and speech.
Biometrics are considered in law to be sensitive personal information. The use of biometrics for criminal justice and police purposes should therefore balance the benefits it can bring to protecting the public whilst also securing public trust by taking account of the wider ethical and human rights considerations involved.
The Scottish Biometrics Commissioner (SBC) Act 2020 established the office of the SBC with a view to promoting transparency and enhancing public confidence on such matters. The SBC was appointed in 2021 and is an independent officeholder who reports to the Scottish Parliament.
The SBC prepared a four year strategic plan which expired on 30 November 2025. Section 6 of the 2020 Act requires the Scottish Ministers to prepare and publish a report on the SBC's functions. The first report must be completed no later than one year following the expiry of that strategic plan.
To inform this report, we are consulting on whether the SBC's functions remain appropriate, and whether any changes should be made to the list of bodies which are subject to the SBC's oversight?
In answering the consultation questions, we are asking you to consider both the impact which the SBC's functions have had in supporting and promoting the adoption of lawful, effective and ethical practices – and the future landscape for the use of biometric data within a policing and criminal justice context.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Consultation questions preview
The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.
Do you consider that the SBC's functions under the 2020 Act are appropriate? In this context, functions include the SBC’s powers and duties.
Do you consider that the list of bodies subject to the SBC's oversight and code of practice under the 2020 Act are appropriate? Currently, the list consists of Police Scotland, the Scottish Police Authority and the Police Investigations and Review Commissioner.
Do you wish to make any other comments in relation to the matters raised by this consultation and which you feel have not been covered by any of the earlier questions?
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
All relevant submitted responses will be analysed. This may be carried out by third party organisations who Scottish Government, its executive agencies or non-ministerial offices, contract to do this work. Such data sharing will be governed by appropriate contractual arrangements to keep your data secure.
An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us.
You can also join our consultation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
The SBC has a general function under the 2020 Act to support and promote the adoption of lawful, effective and ethical practices in relation to the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes by:
- the Police Service of Scotland;
- the Scottish Police Authority; and
- the Police Investigations and Review Commissioner.
In undertaking that general function, the SBC is to:
- keep under review the law, policy and practice relating to the acquisition, retention, use and destruction of biometric data by those bodies;
- promote public awareness and understanding of the powers and duties those bodies have in relation to biometric data, how those powers and duties are used, and how the use of those powers and duties can be monitored or challenged; and
- promote, and monitor the impact of, a code of practice.
The 2020 Act also provides the SBC with broader powers to work jointly with, assist or consult others, consider complaints in relation to a breach of the code of practice, gather information from and take enforcement action against the bodies subject to its oversight - as well as preparing reports to the Scottish Parliament.
Your views will therefore inform our consideration on whether the remit of the SBC remains appropriate in a rapidly evolving biometric landscape.
Give us your views
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