Date lodged: 27 November 2018
To ask the Scottish Government whether it plans to assess the human rights implications of the divergence between the periods when a conviction becomes spent and therefore exempt from disclosure, and the provisions of the Criminal Procedure (Scotland) Act 1995, which sanction the indefinite retention of biometric data.
Answered by: Humza Yousaf 7 December 2018
In its response to the report of the Independent Advisory Group on the Use of Biometric Data in Scotland (https://www2.gov.scot/About/Review/biometric-data/sgresponse ), the Scottish Government undertook to review current legislation on the retention of biometric data in the light of the developing evidence base and any relevant legal judgments, including in the European Court of Human Rights. The timing of such a review is likely to be linked to the appointment of an independent Biometrics Commissioner for Scotland, should the Scottish Parliament support such an appointment, through the forthcoming Biometric Data Bill.