Speaking about the publication of his Joint Assurance Reviews into the acquisition of biometric data from children and vulnerable adults on Wednesday 29 March, Dr Brian Plastow, Scottish Biometrics Commissioner said:

It could be argued that the greatest responsibility for any society is our duty towards young people and the vulnerable.

The Scottish Government believes that delivering the rights of children and young people, as enshrined in the UN Convention on the Rights of the Child (UNCRC), is fundamental to making children’s rights real and Scotland the best place in the world to grow up. 

That is why I was delighted to undertake this review, alongside partners in the Scottish Police Authority and the Children and Young People’s Centre for Justice (CYCJ). Today, I presented my reports, their findings and recommendations, to the Scottish Parliament. 

Review aims

The aim of the assurance review around children specifically, was to:

“assess the law, procedure and practice related to the acquisition, retention, use, and destruction of biometric data relating to children and young people.”

It is clear to me that Police Scotland’s overall approach to safeguarding children and vulnerable people who find themselves in police custody and have their biometric data captured, is a strong one.

Our findings clearly showed that those working in the custody environment were knowledgeable about policies and procedures relating to the care and welfare of children and those who are vulnerable.

The report highlights best practice, what is working well, and explores the challenges in the acquisition, retention, use, and destruction of biometric data by Police Scotland.

Children’s voices

It was critical that the review gathered the views of young people with experiences of the criminal justice system who have had their biometrics captured.

Children understand the serious implications of this process, both in the moment of having data collected, with participants highlighting how this can be experienced as scary and intimidating, and also in the long-term, with the potential for biometric retention to be stigmatising and anxiety-inducing.

It is a matter of public record, and I support these views, that both the Chief Constable and Chair of the SPA agree that custody is not a not the right place of safety for children. In line with these principles, there is a strong need to ensure that biometric data is acquired, used and retained in a manner that reduces any unintended negative risks and take full account of children’s human rights, only when absolutely necessary.

Findings

The review found that the current Police Scotland policy guidance does not include any requirement to provide meaningful information to children around the reasons why their biometric data is to be captured following arrest; or any explanation of where the data will be hosted; what the data will be used for; who shared with; how long kept, or any appeal mechanisms to Police Scotland.

Recommendations

My report, therefore, recommended across both children and vulnerable people:

• Police Scotland should improve the information provided to all who have their biometric data taken in police custody, including the potential search against UK policing databases.
• Police Scotland should provide basic information to detainees, tailored to vulnerable people and children, about the applicability of the Scottish Biometrics Commissioner’s statutory Code of Practice, including complaints procedures.
• Police Scotland should improve the collection of information in relation to all biometric data to better inform its strategic decision-making, and to improve the public understanding of its value.

In addition:

• Children’s biometrics should only be taken in exceptional situations, guided by published operational policies, procedures and practices, and based on the best interests of the child and the gravity of the offence.

My expectation as Commissioner is that these recommendations will result in an action plan by Police Scotland to enable relevant good practice to be disseminated to promote continuous improvement in this area.

Continuous improvement

This review, working in partnership with Police Scotland and the SPA, sought to assess the issues around children, vulnerable people and biometrics within a custody setting, and make further improvements to the strong working practices currently in place.

I believe the balanced recommendations take account of best practice and what is working well, while promoting a standardised, considerate approach in the acquisition, retention, use, and destruction of biometric data by Police Scotland where children and vulnerable adults are concerned.

I look forward to seeing those recommendations being implemented over the coming weeks and months and have formally submitted my report to the Scottish Parliament.

Brian Plastow
Dr Brian Plastow
Scottish Biometrics Commissioner
29 March 2023