Scottish Biometrics Commissioner Renews Call for Facial Recognition Legislation

Scottish Biometrics Commissioner Brian Plastow has renewed his call for primary legislation governing live facial recognition, while supporting its proportionate future use by Police Scotland under a defined legal framework.

In his 2025/26 annual report, Plastow says Police Scotland has not deployed live facial recognition. He distinguishes its position from UK policing bodies operating in Scotland that can access the technology but fall outside his statutory oversight.

Live facial recognition compares faces captured by cameras with a watchlist in real time. Plastow argues that legislation should govern its use rather than leaving the technology subject to a patchwork of existing legal provisions.

His recommendations combine support for appropriate policing applications with requirements for stronger oversight. The report addresses both the rules governing a future Police Scotland deployment and the organizations whose biometric practices the commissioner is empowered to examine.

The commissioner’s current remit covers Police Scotland, the Scottish Police Authority and the Police Investigations and Review Commissioner. Other parts of the criminal-justice system, including prisons, sit outside that framework, creating gaps in oversight of biometric data.

Plastow also points to Scotland’s lack of dedicated camera and forensic regulators. He favors extending biometric oversight across the criminal-justice system and draws attention to the limited progress on arrangements that would bring relevant UK policing bodies within his remit.

Scottish ministers must report by November 30, 2026 on whether the commissioner’s functions remain appropriate. A statutory review of those powers included a public consultation earlier this year, examining the scope of the office and possible changes to its responsibilities.

UK Biometrics and Surveillance Camera Commissioner William Webster has separately advocated stronger inspection powers and broader oversight in his response to that review. His recommendations included extending the organizations covered and strengthening the commissioner’s independence.

The Scottish annual report also records work on existing biometric practices. A fingerprint-assurance review produced ten recommendations, while Plastow reported no breaches of the statutory code of practice since it took effect in November 2022.

The code governs how the bodies within his remit acquire, retain, use and destroy biometric data. The proposed expansion would extend that oversight beyond the three organizations currently covered by the commissioner’s statutory functions.

Sources: Scottish Biometrics Commissioner, Holyrood

–

By the ID Tech Editorial Team