There is to be greater oversight of how the police handle personal forensic data under new proposals.
The Scottish Biometrics Commissioner Bill would regulate how officers take, store, use and dispose of data such as fingerprints, DNA samples and facial images.
Under the legislation, a commissioner would be appointed to support and promote the adoption of lawful, effective and ethical practices when biometric data is handled for criminal justice and police purposes.
They will be appointed by and accountable to Parliament and will be able to make recommendations if they believe an organisation is not adhering to the code of practice.
If that was the case, the relevant body could be called to account to Parliament.
The proposals will be scrutinised by MSPs before they vote on whether to make them law.
Justice Secretary Humza Yousaf said: “Technological advances in biometrics have brought huge benefits to police and other justice agencies in detecting, preventing and prosecuting crime.
“However their use also raises a number of ethical and human rights considerations. The Scottish Government wants to ensure that the approach to biometric data in policing and criminal justice system is lawful, effective and ethical.
“There is not yet a single commonly recognised set of working standards around biometrics.
“The new commissioner and the code of practice will complement the work of others, including the Information Commissioner, and help maintain public confidence in how new technologies and data are being used to help keep crime down and communities safe.”
Human rights lawyer John Scott QC chaired the Independent Advisory Group on Biometric Data which reported last year.
The legislative recommendations made by the group form the basis of the Bill.
Mr Scott said: “Biometric data, including existing technologies relating to fingerprints and DNA, are used to promote public safety in various ways.
“The new framework will ensure that this is done while taking full account of the rights of the individual, not least the right to privacy and security when it comes to the most personal information about them such as can be derived from biometric data.
“This Bill, along with related work on the new Ethics Advisory Group for Biometrics recommended by the Independent Advisory Group, will help to place Scotland once more in the vanguard of the ethical development of existing and emerging technologies.”
Tom Nelson, the SPA’s forensic services director who sat on the advisory group, said: “Scotland is already leading the field in the biometric analysis with DNA and fingerprints accredited to international standards.
“Following a £6 million investment, Scotland was the first in the UK to introduce a new analytical standard where scientists look at 24 areas of DNA, compared to the norm of 17, which can provide greater discrimination between individuals.
“SPA forensic services was also the first large-scale forensic provider in the UK to receive accreditation from the United Kingdom Accreditation Service (UKAS) for its fingerprint comparison activities.
“It is important these high standards are maintained as technology continues to develop.
“We all are potentially leaving our footprint, particularly in relation to our access to multimedia and our access to phones.
“We want to make sure, as these areas of technology and other scientific developments advance, we have a robust process in place to ensure we are using and storing information from that technology to the appropriate standards.”
Scottish Liberal Democrat justice spokesman Liam McArthur said a new legal framework is needed to handle technological change.
He said: “Scottish Liberal Democrats fought tooth and nail for recognition that the law on biometrics is outdated and inept at dealing with the full force of modern technology.
“This was last looked at in 2008, after issues arose around the retention of DNA and fingerprint data. You only need to remember what your phone looked like back in 2008 to see how much technology has moved on since then.
“Technology doesn’t stand still and we need a new legal framework capable of coping with such change.
“We will continue to press the Government to ensure that this new legislation is up to the job.”
