‘Care is needed to ensure biometric data is retained no longer than necessary’

Comment John Scott

Misuse of personal data has been much discussed recently. The Cambridge Analytica/facebook story has served as a reminder of the importance of the right to privacy and the need for safeguards when it comes to sensitive information. Similar issues arise in relation to the use of biometric data in policing.

The justice secretary asked me to chair an independent advisory group to consider these issues. He was keen to establish a framework to address existing biometrics and biometric data, primarily DNA, fingerprints and custody images, but also covering developing and future technologies like those involving facial recognition.

This is an area where a careful balance is required between the need for Police Scotland to be able to use biometric data in the investigation of serious crime and the rights of the citizen to privacy and security.

Care is needed to ensure such data is captured only where necessary, used only for specified purposes, and retained no longer than is necessary and proportionate.

Our work came about largely due to a 2016 report by Her Majesty’s Inspectorate of Constabulary in Scotland, which highlighted the retention of custody images of people who were convicted of no crime.

Although biometric data is removed from the Criminal History System (CHS) if there is no conviction, data on the eight legacy police systems could not readily differentiate between data where there was a conviction justifying retention and data which should be weeded out because of acquittal or no proceedings.

These systems are becoming almost entirely obsolete and access to their data is restricted and recorded.

Looking to the future, our group has recommended an independent biometrics commissioner in Scotland, as well as an ethics advisory group.

Scotland has forensic services of international repute. Our work should help to maintain that reputation, with ethical considerations applied to appropriately validated technologies and the sensitive data they capture. l John Scott QC is chairman of the Independent Advisory Group on the Use of Biometric Data