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Scottish Biometrics Commissioner Bill

This Bill seeks to set up the office of Scottish Biometrics Commissioner. The main role of the Commissioner will be to create a Code of Practice. This will oversee how ‘biometric data’ is acquired, kept, used and destroyed for criminal justice and policing purposes. Biometric data is information about a person which could be used to identify them.

This is a Government bill

The Bill became an Act on 20 April 2020

Introduced: the Bill and its documents

Overview

This Bill seeks to set up the office of Scottish Biometrics Commissioner. The main role of the Commissioner will be to create a Code of Practice. This will oversee how ‘biometric data’ is acquired, kept, used and destroyed for criminal justice and policing purposes. Biometric data is information about a person which could be used to identify them.

The Commissioner will also keep the law about biometric data under review. The Commissioner is to be independent of the Scottish Government.

This data might include:

  • physical data from a print from a person’s body
  • a photograph or other recording of a person’s body
  • samples taken from any part of a person’s body
  • information derived from such samples

Biometric data includes ‘first-generation biometrics’ like fingerprints, DNA and custody photographs. These have been used to identify people in policing for many years

It also now includes new technologies (or ‘second-generation biometrics’) like:

  • facial recognition software
  • remote iris recognition
  • other behavioural biometrics such as voice pattern analysis

Why the Bill was created

The changing use of biometric data and technologies raises ethical and human rights issues.  The Scottish Government wants to focus on these issues to keep communities safe while also respecting the rights of the individual.  The establishment of the office of Commissioner will also ensure the police are accountable in its use of such data.

Accompanying Documents

Explanatory Notes (238KB, pdf) posted 31 July 2019

Policy Memorandum (287KB, pdf) posted 31 July 2019

Financial Memorandum (309KB, pdf) posted 31 July 2019

Delegated Powers Memorandum (147KB, pdf) posted 31 July 2019

Statements on legislative competence (67KB, pdf) posted 31 July 2019

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Scottish Biometrics Commissioner Bill SPICe briefing

The Bill was introduced on 30 May 2019

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Justice Committee. The lead committee considers and reports on the Bill.

Call for views (closed)

The deadline for sharing your views on this Bill has passed.

Read the responses

Who spoke to the lead committee

Stage 1 report by the lead committee

Work by other committees

Delegated Powers and Law Reform Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 9 January 2020 to consider and decide on the general principles of the Bill.

  • Motion title: Scottish Biometrics Commissioner Bill
  • Text of motion: That the Parliament agrees to the general principles of the Scottish Biometrics Commissioner Bill.
  • Submitted by: Humza Yousaf
  • Date lodged: Tuesday, 07 January 2020
  • Motion reference: S5M-20331
  • Current status: Taken in the Chamber on Thursday, 09 January 2020

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 9 January 2020

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

First meeting on amendments

Documents with the amendments that were considered at the meeting on 4 February 2020:

First Marshalled List of Amendments for Stage 2 (232KB, pdf) posted 31 January 2020

First Groupings of Amendments for Stage 2 (310KB, pdf) posted 31 January 2020

Bill as amended at Stage 2

The Bill ended Stage 2 on 4 February 2020

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

Documents with the amendments that were considered at the meeting on 10 March 2020:

Marshalled List of Amendments for Stage 3 (195KB, pdf) posted 05 March 2020

Timed Groupings of Amendments for Stage 3 (223KB, pdf) posted 09 March 2020

Final version of the Bill

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Scottish Biometrics Commissioner Bill
  • Text of motion: That the Parliament agrees that the Scottish Biometrics Commissioner Bill be passed.
  • Submitted by: Humza Yousaf
  • Date lodged: Monday, 09 March 2020
  • Motion reference: S5M-21174
  • Current status: Taken in the Chamber on Tuesday, 10 March 2020

Result 110 for, 0 against, 0 abstained, 19 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 10 March 2020

Bill becomes an Act

If the Bill is passed, it can receive Royal Assent and become an Act.