Search Legislation

Scottish Biometrics Commissioner Act 2020

Status:

This is the original version (as it was originally enacted).

15Complaints about failures to comply with the code

This section has no associated Explanatory Notes

(1)The Commissioner must provide for a procedure by which an individual, or someone acting on an individual’s behalf, may make a complaint to the Commissioner 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 in relation to the individual’s biometric data.

(2)The procedure must provide for it to be available whether or not procedures—

(a)established by the person about whom the complaint is made, and

(b)which allow for the making of a complaint (or other representation) about the acquisition, retention, use or destruction of the individual’s biometric data,

have been or are being pursued.

(3)In determining the procedure, the Commissioner must consult—

(a)the Scottish Public Services Ombudsman,

(b)the Information Commissioner,

(c)the persons about whom a complaint may be made, and

(d)such other persons as the Commissioner considers appropriate.

(4)The Commissioner must give such publicity to the procedure as the Commissioner considers appropriate and must give a copy of the procedure to any person who requests it.

(5)The Commissioner must keep the procedure under review and must vary it whenever, after consulting the persons mentioned in subsection (3), the Commissioner considers it appropriate to do so.

(6)In subsections (2), (4) and (5), “the procedure” means the procedure for the time being in effect.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources