SCOTTISH BIOMETRICS COMMISSIONER ANNUAL UPDATE

Members considered the report which provided an update on the Scottish Biometrics Commissioner’s Annual Report and Accounts 2023/24; the Joint Review of the Laws of Retention for biometric data conducted in partnership with Scottish Government; progress made by Police Scotland in relation to recommendations arising from Assurance Reviews published in March 2023; and an update on the Commissioner’s work programme over the winter of 2024/25. Dr Brian Plastow (BPlastow) and Ross MacDonald highlighted a number of key points as detailed in the paper.

In discussion the following matters were raised:
• BPlastow advised that his view was that biometric data retention should be shorter, in particular in relation to DNA. Members heard all police forces are in the same situation however it was a requirement of UK law that there must be periodic review.
• Members sought BPlastows opinion on live facial recognition. BPlastow spoke of meeting with CCFarrell and the SPA Chair and agreed it was important that the views of all stakeholders are taking into consideration. He stated he felt the use of the technology is wrongly framed as a surveillance tool when it is a public safety tool. BPlastow confirmed he would support its use in Scotland in circumstances where it can contribute to policing and felt it would be beneficial in the violence against women and girls’ space.
• BPlastow advised SPA Forensic Services are the biggest public sector provider of forensics in Europe, it provides low cost and consistent services that other countries do not receive. BPlastow stated that some scientific techniques deployed by SPA Forensic Services are world leading and they analyse DNA to a higher standard than the rest of UK, EU, and North America. This is important as it can identify and eliminate more people.

Members noted the report.