The Scottish Government has opened a public consultation to determine whether the Scottish Biometrics Commissioner’s (SBC) functions and oversight remit remain fit for purpose, fulfilling a legal obligation under the Scottish Biometrics Commissioner Act 2020 to review the office’s powers five years after its establishment.
The consultation paper, published by Cabinet Secretary for Justice and Home Affairs Angela Constance, invites views on two central questions: whether the Commissioner’s current functions adequately ensure the lawful, proportionate, and ethical use of biometric data by policing bodies; and whether the list of bodies subject to the Commissioner’s oversight should be expanded or otherwise amended. The review does not assess Commissioner Plastow’s performance in office, which is a matter for the Scottish Parliament, but focuses instead on whether the legislative framework itself requires updating given how significantly the biometric technology landscape has evolved since 2020.
Dr. Brian Plastow was appointed as the first Scottish Biometrics Commissioner in 2021, and over the past five years the office has produced a statutory code of practice, five thematic reviews, and a retention period review completed jointly with the Scottish Government. The SBC has also previously called for a comprehensive biometric data retention policy for Police Scotland, citing a lack of specific guidance on how long custody images and related biometric data should be held.
The review arrives at a moment of significant pressure on the scope of the Commissioner’s oversight. Police Scotland’s live facial recognition consultation has raised questions about whether the Commissioner’s current mandate adequately covers emerging technologies that were not contemplated in the 2020 Act. The SBC has also raised concerns about custody image quality at Police Scotland, while rights groups have pressed Police Scotland to pause live facial recognition deployments, citing the need for stronger independent oversight before deployment proceeds.
The Scottish Government’s consultation covers the entirety of the SBC’s statutory functions, including the code of practice, inspection powers, and the range of policing bodies currently under the Commissioner’s purview. Stakeholders and members of the public have until the consultation deadline to submit responses that will inform any legislative amendments the Scottish Government may subsequently propose to Parliament.
Sources: Scottish Government Consultation Paper
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By Cass Kennedy
