In 2018, the Scottish government’s Independent Advisory Group led by John Scott KC, now Lord Scott, recommended legislation to establish a new independent biometrics commissioner, overseeing the use of such data in policing and criminal justice, with the potential for expansion into health, education and the private sector.

The Scottish Biometrics Commissioner (SBC) Act 2020 established the office of the SBC and provides for its functions in relation to the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes. The first commissioner was subsequently appointed in April 2021, and a code of practice, giving guidance to the police on how biometric data and related forensic technologies can be used ethically in a criminal justice setting came into force in November 2022.

However in response to a parliamentary question from the Lib Dems’ Liam McArthur, Justice Secretary Keith Brown said that there are no plans for any expansion to take place.

Mr McArthur said: “Scottish Liberal Democrats fought tooth and nail for recognition that the law on biometrics was outdated in the face of the full force of modern technology.

“Biometric technologies which draw on our personal characteristics are becoming an ever greater part of all our lives. They are emerging at an incredible rate but we need to ensure our laws keep up and that people’s rights aren’t infringed. That is why we need regulate the use of existing technologies and future proof them to cover those systems that won’t have even been invented yet. These technologies are not restricted to the police and the criminal justice system so why is the biometrics commissioner?

“Keith Brown may be in denial about the changing pace of technology, but we are not. That’s why Scottish Liberal Democrats will continue to press the Government to ensure that proper safeguards are in place and that all our biometric data is kept and used appropriately.”