Use of biometric data in policing ‘appropriate and valuable’, says commissioner

Using DNA and other forms of biometric data in criminal justice and policing is appropriate and valuable when it comes to public safety, a report has said.

Dr Brian Plastow, the Scottish Biometrics Commissioner, published his first annual report on Tuesday, where he praised Scotland’s DNA interpretation and analysis capability.

He confirmed confidence can be high in the management of such technologies in the field of forensic examination.

The report highlights the contrast in legal definitions and practices between Scotland and other UK jurisdictions, with Dr Plastow recommending that Police Scotland and the Scottish Police Authority (SPA) take steps to ensure Scottish biometric data can be administered and maintained when shared on UK law enforcement databases.

Dr Plastow also welcomed Police Scotland’s plans to pursue accreditation for its digital forensic laboratory work – though, he suggested such responsibility should go to the SPA.

He said: “As a small country, this is something of which we should be proud. Fingerprints and photographs have been used as a means of verification, identification and exclusion for more than 100 years in Scotland.

“However, in recent times there has been extraordinary growth in both biometric enabled technologies
and forensic techniques which have revolutionised the investigation of crime.

“These developments raise important questions for society such as how best to balance the need for public safety and security with broader privacy, ethical, human-rights and equality considerations.

“For example, sophisticated digital forensics techniques can now recover data from a whole host of electronic devices including biometric data that has the potential to enter the chain of evidence from crime scene to court.

“It is therefore essential the investigative techniques used by Police Scotland are independently validated and accredited to a recognised international scientific standard.”

The commissioner has prepared a statutory code of practice, approved by the Scottish Parliament, which will take legal effect in Scotland next month.

He also suggested there is potential for the commission to expand beyond the remit of Police Scotland, the SPA and the Police Investigations and Review Commissioner.

Dr Plastow added: “There are also other areas within criminal justice where significant volumes of biometric data are held without consent, such as the Scottish Prison Service, and where oversight of biometric and technologies could be beneficial.

“But this would require the consent of Scottish ministers and a proper business case, additional funding, and additional resource for my organisation.”