Distinct policies needed for police capture of child data, says commissioner

Special policies need to be in place when police capture biometric data from children who are taken into custody, a watchdog has said.

The Scottish biometrics commissioner praised Police Scotland’s overall approach to gathering data from children and vulnerable adults.

However a review recommended there should be distinct policies, procedures and practices when data is captured from children taken into custody, which should only be authorised by a senior officer.

The commissioner’s office was established in 2020 and has a statutory role to promote lawful and ethical use of data in the criminal justice system.

Commissioner Dr Brian Plastow said: “Police Scotland’s overall strategic approach to working in partnership to keep children and vulnerable adults who offend out of custody is strong, as is their approach to safeguarding those children and vulnerable adults who have their biometrics captured when there are no alternatives to police custody.

“However, Police Scotland also needs to better uphold the information rights of all people who have their biometric data captured either as a result of being arrested, or when such data is given voluntarily by victims of crime to assist police investigations.

“We found those working in the custody environment were knowledgeable about policies and procedures relating to the care and welfare of children and vulnerable adults and the reports have taken account of best practice, highlighted what was working well and promoted a standardised, considerate approach to the way forward.”

He also said the age of criminal responsibility in Scotland is still too low, despite being raised from eight to 12 in 2021.

Dr Plastow said: “I would welcome policy initiatives to divert those under 18 years of age out of the adult system.

“This would provide the lever through which to avoid capturing biometric data from children, except in the most serious of crime types.”

Scottish Police Authority chairman Martyn Evans said: “I am very pleased to have assisted the biometrics commissioner in this important piece of work.

“This first joint review between us is another demonstration of our approach to policing in the public interest.

“Police Scotland and the authority have been clear that police custody is not a place of safety for children.

“In those unavoidable situations where custody is necessary, it is important that officers and staff are given clear guidance on when it is absolutely necessary to gather biometric data and how long to retain it, taking into account the best interests of the child and gravity of the offence.

“It was important that our review examined the first person insights of young people with direct experiences of the criminal justice system, as well as officers and staff.”