Code of practice 6 Code of practice (1) In furtherance of the Commissioner’s general function, the Commissioner must prepare, 5 and may from time to time revise, a code of practice on the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes. (1A) The code of practice must include provision about when biometric data must be destroyed in cases where a relevant enactment does not make such provision. (1B) In making provision in accordance with subsection (1A), the Commissioner must have 10 regard to the provision made by relevant enactments. (1C) The code of practice may make different provision for different purposes. (6) Sections 6A, 8 and 8B apply to a revised draft code of practice as they apply to a draft code of practice. (7) For the purpose of this section, the following are “relevant enactments”— 15 (a) Part 2 of the Criminal Procedure (Scotland) Act 1995, (b) section 56 of the Criminal Justice (Scotland) Act 2003, (c) Chapter 4 of Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019. 6A Code of practice: principles In preparing a draft code of practice, the Commissioner must have regard to the 20 importance of— (a) promoting and protecting human rights, (b) promoting and protecting an individual’s right to privacy, (c) promoting and protecting public confidence in the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes, 25 (d) ensuring the safety of individuals and communities. 7 Effect of the code (1) The following persons must comply with the code of practice when exercising functions to which the code relates— (a) constables and police staff of the Police Service of Scotland, 30 (b) the Scottish Police Authority, (c) the Police Investigations and Review Commissioner. (2) A court or tribunal in civil or criminal proceedings must take the code of practice into account when determining any question to which the code is relevant. (3) Failure to comply with the code of practice does not of itself give rise to grounds for any 35 legal action. (4) The Scottish Ministers may by regulations amend subsection (1) so as to add a person or description of person, vary an entry listed in it, or remove an entry.