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Criminal Justice Committee
Meeting date: 15 June 2022
Audrey Nicoll
Thanks very much. That was helpful.
Russell Findlay has a question on the voluntary provision of biometric data.
Criminal Justice Committee
Meeting date: 15 June 2022
Audrey Nicoll
I am pleased to welcome Dr Brian Plastow, in his first appearance before us as Scottish Biometrics Commissioner, to talk about his first draft code of practice on the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes in Scotland. I refer members to papers 1 and 2 and I invite Dr Plastow to make some opening remarks.
Criminal Justice Committee
Meeting date: 15 June 2022
Audrey Nicoll
Thank you for that really interesting response.
I open the questioning up to other committee members, starting with Katy Clark.
Criminal Justice Committee
Meeting date: 15 June 2022
Audrey Nicoll
Yes. That is very helpful. It gives us a context and the backdrop to how the principles were developed.
It is fine to have principles and ethical considerations in the code of practice, but I am interested in how compliance with the code will be monitored in future. For instance, will there be a continual monitoring and reporting process with the relevant policing bodies, or is there another process that you feel will work best for the monitoring role?
Criminal Justice Committee
Meeting date: 15 June 2022
Audrey Nicoll
Did you want to come in here, Jamie?
Criminal Justice Committee
Meeting date: 15 June 2022
Audrey Nicoll
I will bring the session to a close in about 15 minutes, and we still have a few things to get through, so please make questions and responses a wee bit succinct.
Criminal Justice Committee
Meeting date: 15 June 2022
Audrey Nicoll
In that case, I call Collette Stevenson.
11:00Criminal Justice Committee
Meeting date: 15 June 2022
Audrey Nicoll
Picking up on your comment that Police Scotland has indicated that it has no plans to introduce facial recognition at the moment, I note that you said that you are also the commissioner for Police Scotland. What would be your role if it changed its position on using or not using a specific biometric data collection method such as facial recognition? Would you have a role in supporting it, or is your role more about regulation?
Criminal Justice Committee
Meeting date: 15 June 2022
Audrey Nicoll
I call Katy Clark.
Criminal Justice Committee
Meeting date: 15 June 2022
Audrey Nicoll
Thank you, Dr Plastow. That was a very helpful overview of and introduction to the code of practice in its current form.
You said that the meat of the draft code of practice is structured around 12 guiding principles and ethical considerations to which Police Scotland, the PIRC and the SPA must adhere when they acquire, retain, use or destroy biometric data. Will you expand on how those principles and considerations were developed and how they were identified as being appropriate to the code of practice?