Scottish Biometrics Commissioner Bill 13 (3) The duty referred to in subsection (2)(d) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in subsections (2)(a) to (c), to— (a) obtain written authority from the Commissioner before taking the action, and 5 (b) send a copy of that authority as soon as possible to the Auditor General for Scotland. (4) The accountable officer is answerable to the Scottish Parliament for the performance of the functions in subsection (2). 21 Accounts and audit 10 (1) The Commissioner must— (a) keep proper accounts and accounting records, (b) prepare in respect of each financial year a statement of accounts, and (c) send a copy of the statement to the Auditor General for Scotland for auditing. (2) The Commissioner must comply with any directions which the Scottish Ministers give 15 the Commissioner in relation to the matters mentioned in subsection (1)(a) and (b). (3) The Commissioner must make the audited statement of accounts available, without charge, for inspection at all reasonable times. 22 Annual report (1) The Commissioner must, in respect of each financial year— 20 (a) prepare and publish a report on the Commissioner’s activities during that year, and (b) lay a copy of the report before the Scottish Parliament before the expiry of the period of 7 months beginning with the last day of that year. (2) The report must include— 25 (a) a review of issues identified by the Commissioner in the financial year as being relevant to the use of biometric data for criminal justice and police purposes, (b) a review of the Commissioner’s activity in that year, including the steps taken to fulfil each of the Commissioner’s functions, (c) any recommendations by the Commissioner arising out of such activity. 30 Advisory group 22A Advisory group (1) The Commissioner must establish and maintain an advisory group. (2) The purpose of the group is to give advice and information to the Commissioner about matters relating to the Commissioner’s functions. 35 (3) The members of the group are to be such persons as the Commissioner determines, subject to the approval of the Parliamentary corporation as to— (a) the number of members, and (b) the persons to be appointed. 14 Scottish Biometrics Commissioner Bill (4) The Commissioner may pay to members of the group such remuneration and allowances (including expenses) as the Commissioner, with the approval of the Parliamentary corporation, determines. (5) The procedure of the group is to be such as the Commissioner determines. 5 Meaning of key terms 23 Meaning of “biometric data” (1) In this Act, “biometric data” means information about an individual’s physical, biological, physiological or behavioural characteristics which is capable of being used, on its own or in combination with other information (whether or not biometric data), to 10 establish the identity of an individual. (2) For the purposes of subsection (1), “biometric data” may include— (a) physical data comprising or derived from a print or impression of or taken from an individual’s body, (b) a photograph or other recording of an individual’s body or any part of an 15 individual’s body, (c) samples of or taken from any part of an individual’s body from which information can be derived, and (d) information derived from such samples. 23A Power to change meaning of “biometric data” 20 The Scottish Ministers may by regulations modify section 23 so as to change, or clarify, the meaning of “biometric data” in this Act. 24 Interpretation In this Act, except where the context requires otherwise — “code of practice” means the code of practice for the time being in effect by virtue 25 of section 9, “Commissioner” means the Scottish Biometrics Commissioner, “Parliamentary corporation” means the Scottish Parliamentary Corporate Body.