Guest blog from Diego Quiroz, Operations Manager at the Scottish Biometrics Commissioner

This week Scotland will become the first country in the world to have a national code on the use of biometric data in a criminal justice setting. This is crucial as sensitive personal data such as images, DNA and fingerprints are captured from adults and children who have been arrested by the police or given voluntarily as witnesses or victims. The dynamic nature of the process of arrest means that the usual safeguards considered in other settings, including the right to choice, privacy and participation are less reflected.

The code also contributes to the implementation of policing as instead of producing an outright ban of particular biometric technologies, it clarifies a number of legal, ethical and human rights principles that should be met before, during and after the technology is deployed.

The code details 12 principles to which Police Scotland, the Scottish Police Authority and Police Investigations and Review Commissioner must adhere. They include, lawful authority, ethics, accountability, enhancing public safety and public good, respect for human rights and privacy and encouragement of scientific and technological advances.

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 complaint mechanism and the power of enforcement to ensure compliance. This represents a massive socio-technological step for Scotland and is something of which the country should be proud and build upon. 

While it is unique to Scotland, the code sits alongside frameworks which are being developed throughout the rest of the UK. The Cabinet Secretary for Justice signed the regulations in November 8 and the code will come into force on Wednesday, November 16, 2022.