Consultation on enhanced oversight of biometric data for justice and community safety purposes

For your views on two proposals intended to create independent oversight of the acquisition, retention, use and disposal of biometric data for criminal justice purposes: the establishment of a new independent Scottish Biometrics Commissioner; and the creation of a draft Code of Practice for the collection, use and disposal of biometric data.  As part of our consultation we set out a draft high level Code of Practice describing the legal framework and proposed general principles; and a note describing the possible general functions and powers of  a new Biometrics Commissioner, for your views. 

The key aim was to seek your feedback on our proposals which aim to ensure an effective, proportionate and ethical approach to the use of biometric data, particularly with regard to children under the age of 18, which will in turn enhance public and professional confidence in the use of such data.

These proposals follow recommendations from an Independent Advisory Group (IAG) which reported to Scottish Government in March 2018.  The full IAG report is available to read at https://www.gov.scot/publications/report-independent-advisory-group-use-biometric-data-scotland/.

Our consultation on these proposals ran from 13 July to 1 October.  We received a total of 89 responses. The largest number (88%) were from individuals, with a small number from public sector organisations (7%); third sector organisations (4%) and a professional body (1%).  We also held four consultation stakeholder events (Scottish Youth Parliament; Equalities Groups; Police Workforce; and a mixed event including academics).  These were attended by a total of 44 individuals. 

Respondents were broadly supportive of the two key legislative proposals included in the consultation: 89% being in favour of the establishment of a Scottish Biometrics Commissioner; and 83% of respondents supporting the need for a Code of Practice. Some respondents were in favour of extending the scope of the Code and the Commissioner beyond Justice, to include other public authorities and the private sector.

We published the 40  submitted responses to the consultation where consent had been given to publish the response, on our consultation webpage available at https://consult.gov.scot/safer-communities/use-of-biometric-data/consultation/published_select_respondent.  

We also commissioned and published an independent analysis of our consultation responses.  The full report was published on 26 November 2018 and is available to download at https://consult.gov.scot/safer-communities/use-of-biometric-data/results/biometricsdata-finalconsultationanalysis.pdf.

We announced our intention to introduce a Biometric Data Bill in the  Programme for Government published in September 2018. The Bill will provide a legislative basis for the creation of an independent Scottish Biometrics Commissioner and a Code of Practice, as proposed in the consultation document. 

We will carefully consider findings from your responses and continue to engage with key stakeholders to further refine the policy and shape the content of legislation.  Subject to the wider parliamentary timetable, we expect the Bill to be introduced in the first half of 2019.