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Scottish Biometrics Commissioner Act 2020


Section 20: Reports and recommendations

33.Subsection (1) of section 20 requires the Commissioner to publish a report about a failure to comply with the code of practice, unless the failure is sufficiently minor not to merit a report. Subsection (2) provides that the Commissioner may prepare and publish a report about any other matter relating to the Commissioner’s functions. A report under subsection (1) or (2) may include recommendations on matters mentioned in subsection (5).

34.Subsection (3) requires the Commissioner to lay a copy of a report published under subsection (1) or (2) before the Parliament. Subsection (4) makes clear that one report can cover several separate failures to comply with the code of practice by different persons. Subsection (6) provides that sensitive information must be withheld in a report. This means information cannot be included in a report on the grounds that to do so would or might be unlawful, would or might prejudice the administration of justice or would otherwise be contrary to the public interest.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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