Response 445583871

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A Statutory Code of Practice covering biometric data and technologies

1. Do you believe a statutory code of practice covering the acquisition, use, retention and disposal of biometric data for justice and community safety purposes is required?

Please select one item
Yes
No
Don't know
Please expand on the reasons for your answer.
A statutory code of practice will provide reassurance for those from whom samples have been taken. It will also ensure that those obtaining, retaining or using the samples or data are working within an agreed and clear framework.

I think it is important that the Code of Practice has input from Police Scotland, SPA and COPFS, as well as other organisations who represent children, victims, etc, to ensure the codes drawn up are workable and relevant.

2. Do you believe the proposed statutory Code of Practice is being applied to the correct individuals/agencies?

Please select one item
Yes
No
Don't know
Please expand on the reasons for your answer.
Police Scotland, SPA, COPFS and private organisations acting on their behalf would all appear to be covered.

3. Do you believe the general principles outlined in the statutory code of practice are the right ones?

Please select one item
Yes
No
Don't know
Please expand on the reasons for your answer.
The principles are sound, but the challenge will be in getting the right balance between them where they may pull in different directions. For example, the retention of samples or data for a longer period may help the interests of justice but individuals may feel this is disproportionate if their sample is held for a long time.

4. Do you believe the statutory code of practice covers all relevant issues which require consideration when decisions are being taken about the acquisition, use, retention and disposal of biometric data?

Please select one item
Yes
No
Don't know
Please expand on the reasons for your answer.
The list of things covered is comprehensive and not too specific.

A Scottish Biometrics Commissioner

5. Do you believe a Scottish Biometrics Commissioner is required?

Please select one item
Yes
No
Don't know
Please expand on the reasons for your answer.
Someone has to take ownership of the codes of practice and act as an authority when disputes or questions arise.

6. Do you believe the Commissioner’s statutory oversight extends to the correct individuals/agencies?

Please select one item
Yes
No
Don't know

7. Do you believe the proposed general functions of the Commissioner are the right ones?

Please select one item
Yes
No
Don't know
Please expand on the reasons for your answer.
Nothing listed seems inappropriate.

8. Do you believe the proposed approach to the acquisition of biometric data from children and young people in the justice system is the right one?

Please select one item
Yes
No
Don't know
Please expand on the reasons for your answer.
In some instances, such as having a DNA profile held on the Scottish DNA Database from someone under 18, there is no discernible impact on their future life-chances. The data is held securely and not made public, so it can't impact on their future opportunities. The data could prove useful if they commit further crimes when older than 18.

9. Do you have any views on the appointment and accountability arrangements for the Commissioner?

It is important that the Commissioner is independent of the bodies to be overseen, and also free of political interference from any level. Are other Commissioners answerable to the Government or directly to Parliament? Perhaps the existing approach should be extended?

About you

Are you responding as an individual or an organisation?

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(Required)
Individual
Organisation

What is your organisation?

I am responding individually, however I am an employee of the Scottish Police Authority.