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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 2 July 2025
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Displaying 1119 contributions

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Criminal Justice Committee

Scottish Biometrics Commissioner: Draft Code of Practice

Meeting date: 15 June 2022

Rona Mackay

Thank you. Finally—and you might not be able to answer this question—have you had any indication of when to expect the code of practice to be approved by ministers?

Criminal Justice Committee

Scottish Biometrics Commissioner: Draft Code of Practice

Meeting date: 15 June 2022

Rona Mackay

Is that an operational decision? Does Police Scotland have the capacity to do that, or have the police just decided not to?

Criminal Justice Committee

Scottish Biometrics Commissioner: Draft Code of Practice

Meeting date: 15 June 2022

Rona Mackay

Good morning, Dr Plastow. I want to pick up on the thread that Jamie Greene and Pauline McNeill have been following, but I also have another question on a different subject.

My first question relates to facial recognition. My colleague Fulton MacGregor will back me up here but, in the previous parliamentary session, the Justice Sub-Committee on Policing took a lot of evidence on facial recognition, particularly with regard to its accuracy. There were, for example, problems with the software recognising people from ethnic backgrounds.

However, I am now a bit confused. Can you clarify your comment to Jamie Greene about the police using retrospective images from previous custodies and so on? Was the new technology, on which the sub-committee took a lot of evidence, just never implemented? Are the police using it or not?

Criminal Justice Committee

Scottish Biometrics Commissioner: Draft Code of Practice

Meeting date: 15 June 2022

Rona Mackay

But how do you envisage that that will take place?

Criminal Justice Committee

Scottish Biometrics Commissioner: Draft Code of Practice

Meeting date: 15 June 2022

Rona Mackay

Thank you—that was very helpful.

Criminal Justice Committee

Scottish Biometrics Commissioner: Draft Code of Practice

Meeting date: 15 June 2022

Rona Mackay

My next question is on something that I know that you have already talked about and which is in the code of practice, but I would like an answer to go on the record. Can you please set out, in broad terms, the specific legislation to which the code will apply?

Criminal Justice Committee

Scottish Biometrics Commissioner: Draft Code of Practice

Meeting date: 15 June 2022

Rona Mackay

I apologise if you have covered this and I have missed it, Dr Plastow, but I want to ask about your role. Do you rely on reports coming in to you about people who have or have not broken the code of practice, or do you proactively investigate things?

Criminal Justice Committee

Scottish Biometrics Commissioner: Draft Code of Practice

Meeting date: 15 June 2022

Rona Mackay

Are you saying that Police Scotland has not used live facial recognition technology?

Criminal Justice Committee

Scottish Biometrics Commissioner: Draft Code of Practice

Meeting date: 15 June 2022

Rona Mackay

You have kind of answered my next question. If you are dealing only with police and criminal justice matters, they will know the rules, so it might be a bit quiet—the chances of your being swamped with stuff may not be that high. However, in a case where something has happened and it is found that the code has been broken, what is the penalty? Is there a penalty?

11:30  

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 8 June 2022

Rona Mackay

Would the member acknowledge that women’s organisations that support victims of domestic abuse and sexual violence are very supportive of virtual trials?

10:15