Scottish Biometrics Commissioner Act 2020 (Code of Practice) (Appointed Day) (Scotland) Regulations 2022 [Draft]
Our next item of business is to consider an affirmative Scottish statutory instrument. I refer members to paper 1. The instrument specifies the appointed day for the coming into effect of the code of practice that has been prepared by the Scottish Biometrics Commissioner under section 7 of the Scottish Biometrics Commissioner Act 2020. I welcome Keith Brown, Cabinet Secretary for Justice and Veterans, and his officials Ms Elaine Hamilton, forensics policy team leader, and Mr David Scott, policy manager, both from the Scottish Government’s police: workforce, equality and forensics department.
I invite the cabinet secretary to make a short opening statement on the SSI.
Thank you for the opportunity to speak briefly about the draft Scottish Biometrics Commissioner Act 2020 (Code of Practice) (Appointed Day) Regulations 2022. The Parliament passed the 2020 act in March of that year. The legislation speaks to some of the key societal issues of our time, touching on data protection, privacy, human rights and ethics as they relate to the police’s use of very personal information. The Scottish Government therefore welcomed the Parliament’s appointment of Dr Brian Plastow as Scotland’s first Biometrics Commissioner in April last year.
Given the rapid increase in the use of biometric data and technologies, it is important that we have an independent commissioner who will raise public awareness about rights, responsibilities and standards, as well as monitor compliance with such standards. It is vital that a clearer understanding of those issues is promoted in our communities, especially for young people and for vulnerable people.
An integral part of the legislation was for the commissioner to prepare a code of practice. That code has been prepared by the commissioner, and it symbolises what I believe is Scotland’s progressive approach to biometrics in a policing context. It is worth mentioning that the code is the first of its kind in the world. It is designed to promote good practice, transparency and accountability by setting out an agreed framework of standards for professional decision making. It is intended to strike the right balance between the needs and responsibilities of policing and the criminal justice system and the fundamental obligation to guarantee the basic human rights, privacy and freedoms of individual members of the public.
The commissioner has developed the draft code in consultation with key interests, including the bodies that will be subject to the code, statutory consultees and other bodies that are represented on the commissioner’s advisory group. Earlier this year, the committee had the opportunity to consider a draft of the code, alongside evidence from the commissioner, and I know that the contents of the draft code were viewed positively by committee members.
The purpose of the instrument is to bring the code into force on the appointed day. As agreed with the commissioner, the day that is proposed is 16 November 2022. From that day, Police Scotland, the Scottish Police Authority and the Police Investigations and Review Commissioner will be required to comply with the code. The commencement of the code will therefore represent a major milestone in the implementation of the 2020 act.
The Scottish Government is happy to work with the commissioner and other partners to ensure that an ethical, proportionate and lawful approach continues to be taken in the collection, use, retention and disposal of biometric data in Scotland for policing and criminal justice purposes.
I will now open the discussion to members. If anyone has questions on the instrument, they should indicate that now.
No member has indicated that they wish to speak, so we will move to the next agenda item. I invite the cabinet secretary to move motion S6M-05960.
Motion moved,
That the Criminal Justice Committee recommends that the Scottish Biometrics Commissioner Act 2020 (Code of Practice) (Appointed Day) (Scotland) Regulations 2022 [draft] be approved.—[Keith Brown]
Motion agreed to.
That concludes our consideration of the SSI. I thank the cabinet secretary for attending. We will have a short suspension to allow the cabinet secretary and his colleagues to leave.
09:36 Meeting suspended.Judicial Appointments Board for Scotland (Membership) Modification Order 2022 (SSI 2022/268)
Our next agenda item is consideration of a negative instrument. I refer members to paper 2.
Do members have any questions about the instrument?
No member has indicated that they wish to comment. Are members content for the committee not to make any recommendations to Parliament on the instrument?
Members indicated agreement.
We will have a short suspension to allow for a change of witnesses.
09:37 Meeting suspended.Air adhart
Pre-budget Scrutiny 2023-24