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Scottish Biometrics Commissioner Act 2020
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7Code of practice
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(1)In furtherance of the Commissioner’s general function, the Commissioner must prepare, and may from time to time revise, a code of practice on the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes.
(2)The code of practice must include provision about when biometric data must be destroyed in cases where a relevant enactment does not make such provision.
(3)In making provision in accordance with subsection (2), the Commissioner must have regard to the provision made by relevant enactments.
(4)The code of practice may make different provision for different purposes.
(5)Sections 8, 10 and 12 apply to a revised draft code of practice as they apply to a draft code of practice.
(6)For the purpose of this section, the following are “relevant enactments”—
(a)Part 2 of the Criminal Procedure (Scotland) Act 1995,
(b)section 56 of the Criminal Justice (Scotland) Act 2003,
(c)Chapter 4 of Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019.
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