Scottish Biometrics Commissioner Act 2020

20 Reports and recommendations

(1) If the Commissioner determines that a person who is required by section 9(1) to comply with the code of practice has not done or is not doing so, the Commissioner must prepare and publish a report about that failure unless the Commissioner considers that it is sufficiently minor not to merit it.

(2) The Commissioner may prepare and publish a report about any other matter relating to the Commissioner’s functions.

(3) The Commissioner must lay a copy of any report published under subsection (1) or (2) before the Scottish Parliament.

(4) A report prepared under subsection (1) may relate to separate failures by different persons.

(5) A report under subsection (1) or (2) may include recommendations—

(a) in relation to compliance with section 9(1),

(b) in relation to the technology used or capable of being used for the purpose of acquiring, retaining, using or destroying biometric data, and

(c) about any other matter relating to the Commissioner’s functions.

(6) The Commissioner must ensure that a report does not include any information that, in the Commissioner’s opinion, it would be inappropriate to include on the ground that to do so—

(a) would or might be unlawful,

(b) would or might prejudice the administration of justice, or

(c) would not be in the public interest.