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  4. Biometrics Bill published to control police use of forensic data

Biometrics Bill published to control police use of forensic data

31st May 2019

Greater oversight of how the police take, store, use and dispose of data such as fingerprints, DNA samples and facial images, will be created under a bill just introduced to the Scottish Parliament.

The Scottish Biometrics Commissioner Bill aims to help improve how biometric data is handled by police, ensuring it is done in a lawful, ethical and effective way.

Similarly, the Commissioner will prepare a code of practice to give guidance on how Police Scotland and the Scottish Police Authority should acquire, retain, use and destroy biometric data.

Justice Secretary Humza Yousaf said: “Technological advances in biometrics have brought huge benefits to police and other justice agencies in detecting, preventing and prosecuting crime. However, their use also raises a number of ethical and human rights considerations. The Scottish Government wants to ensure that the approach to biometric data in policing and criminal justice system is lawful, effective and ethical.

“There is not yet a single commonly recognised set of working standards around biometrics. The new Commissioner and the code of practice will complement the work of others, including the Information Commissioner, and help maintain public confidence in how new technologies and data are being used to help keep crime down and communities safe.”

Human rights lawyer John Scott QC chaired the Independent Advisory Group on Biometric Data which reported last year and whose legislative recommendations form the basis of the bill.

Mr Scott said: “Biometric data, including existing technologies relating to fingerprints and DNA, are used to promote public safety in various ways. The new framework will ensure that this is done while taking full account of the rights of the individual, not least the right to privacy and security when it comes to the most personal information about them such as can be derived from biometric data.

Click here to access the bill and related documents.

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