Scottish Biometrics Commissioner | |
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Incumbent Brian Plastow since 12 April 2021 | |
Type | Commissioner |
Seat | Edinburgh |
Nominator | Scottish Parliamentary Corporate Body |
Appointer | Scottish Parliament |
Constituting instrument | The Scottish Biometrics Commissioner Act 2020 (Commencement) Regulations 2020 |
Formation | 1 December 2020 |
First holder | Brian Plastow |
Website | www |
The Scottish Biometrics Commissioner is an independent commissioner in Scotland with the responsibility for setting standards for lawful, effective and ethical practices in relation to the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes by the Police Service of Scotland, the Scottish Police Authority, the Police Investigations and Review Commissioner.
In April 2022, the Commissioner released a report highlighting legal differences between Scotland and other UK jurisdictions regarding biometric data. [1]
In February 2023, the Scottish Liberal Democrats indicated that they wanted the role to include all forms of biometric data including facial recognition as used by private entities such as shops, schools, supermarkets and other public places. [2]
Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing, or directing. This can include observation from a distance by means of electronic equipment, such as closed-circuit television (CCTV), or interception of electronically transmitted information like Internet traffic. It can also include simple technical methods, such as human intelligence gathering and postal interception.
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as sheriff.
The Home Office (HO), also known as the Home Department, is a ministerial department of the Government of the United Kingdom. It is responsible for immigration, security, and law and order. As such, it is responsible for policing in England and Wales, fire and rescue services in England, Border Force, visas and immigration, and the Security Service (MI5). It is also in charge of government policy on security-related issues such as drugs, counterterrorism, and immigration. It was formerly responsible for His Majesty's Prison Service and the National Probation Service, but these have been transferred to the Ministry of Justice.
A justice of the peace (JP) is a judicial officer of a lower court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.
Law enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England and Wales, Scotland, and Northern Ireland. Most law enforcement duties are carried out by those who hold the office of police constable of a territorial police force.
A facial recognition system is a technology potentially capable of matching a human face from a digital image or a video frame against a database of faces. Such a system is typically employed to authenticate users through ID verification services, and works by pinpointing and measuring facial features from a given image.
South Wales Police is one of the four territorial police forces in Wales. It is headquartered in Bridgend.
Some schools use biometric data such as fingerprints and facial recognition to identify students. This may be for daily transactions in the library or canteen or for monitoring absenteeism and behavior control. In 2002, Privacy International raised concerns that tens of thousands of UK school children were being fingerprinted by schools, often without the knowledge or consent of their parents. The supplier, Micro Librarian Systems, which uses technology similar to that used in prisons and the military, estimated that 350 schools throughout Britain were using such systems. In 2007, it was estimated that 3,500 schools are using such systems. Some schools in Belgium and the US have followed suit. Concerns have been raised by a number of groups, who suggest the harms far outweigh any putative benefits.
Marital coercion was a defence to most crimes under English criminal law and under the criminal law of Northern Ireland. It is similar to duress. It was abolished in England and Wales by section 177 of the Anti-social Behaviour, Crime and Policing Act 2014, which came into force on 13 May 2014. The abolition does not apply in relation to offences committed before that date.
Big Brother Watch is a non-party British civil liberties and privacy campaigning organisation. It was launched in 2009 by founding director Alex Deane to campaign against state surveillance and threats to civil liberties. It was founded by Matthew Elliott. Since January 2018, Silkie Carlo is the Director.
The Protection of Freedoms Act 2012 is an Act of the Parliament of the United Kingdom. As the Protection of Freedoms Bill, it was introduced in February 2011, by the Home Secretary, Theresa May. The bill was sponsored by the Home Office. On Tuesday, 1 May 2012, the Protection of Freedoms Bill completed its passage through Parliament and received royal assent.
IDEMIA is a multinational technology company headquartered in Courbevoie, France. It provides identity-related security services, and sells facial recognition and other biometric identification products and software to private companies and governments.
The use of electronic surveillance by the United Kingdom grew from the development of signal intelligence and pioneering code breaking during World War II. In the post-war period, the Government Communications Headquarters (GCHQ) was formed and participated in programmes such as the Five Eyes collaboration of English-speaking nations. This focused on intercepting electronic communications, with substantial increases in surveillance capabilities over time. A series of media reports in 2013 revealed bulk collection and surveillance capabilities, including collection and sharing collaborations between GCHQ and the United States' National Security Agency. These were commonly described by the media and civil liberties groups as mass surveillance. Similar capabilities exist in other countries, including western European countries.
Mass surveillance in the People's Republic of China (PRC) is the network of monitoring systems used by the Chinese central government to monitor Chinese citizens. It is primarily conducted through the government, although corporate surveillance in connection with the Chinese government has been reported to occur. China monitors its citizens through Internet surveillance, camera surveillance, and through other digital technologies. It has become increasingly widespread and grown in sophistication under General Secretary of the Chinese Communist Party (CCP) Xi Jinping's administration.
The Investigatory Powers Act 2016 is an Act of the Parliament of the United Kingdom which received royal assent on 29 November 2016. Its different parts came into force on various dates from 30 December 2016. The Act comprehensively sets out and in limited respects expands the electronic surveillance powers of the British intelligence agencies and police. It also claims to improve the safeguards on the exercise of those powers.
The modern capabilities and legal framework for mass surveillance in the United Kingdom developed under successive governments of the United Kingdom since the late 20th century.
The Biometrics and Surveillance Camera Commissioner is an independent advisor to the UK government created under the Protection of Freedoms Act 2012. Their role is to review the use and retention of biometrics by police, and to encourage compliance with the surveillance camera code of practice. The Biometrics and Surveillance Camera Commissioner is an independent monitoring body of the Home Office.
Clearview AI, Inc. is an American facial recognition company, providing software to law enforcement, government agencies, and other organizations. The company's algorithm matches faces to a database of more than 20 billion images collected from the Internet, including social media applications. Founded by Hoan Ton-That and Richard Schwartz, the company maintained a low profile until late 2019, until its usage by law enforcement was first reported.
DataWorks Plus LLC is a privately held biometrics systems integrator based in Greenville, South Carolina. The company started in 2000 and originally focused on mugshot management, adding facial recognition beginning in 2005. Brad Bylenga is the CEO, and Todd Pastorini is the EVP and GM. Usage of the technology by police departments has resulted in wrongful arrests.
Except for the excluded and reserved functions as previously highlighted in this Code of Practice, it should be noted that the laws in Scotland governing the acquisition, retention, use and destruction of biometric data for criminal justice and policing purposes are different from other UK jurisdictions
The Scottish Liberal Democrats have called for the role of the biometrics commissioner to be expanded to include all forms of biometric data such as the use of facial recognition technology used in schools, shops, supermarkets and other public places.