Scottish Biometrics Commissioner Act 2020

15 Complaints about failures to comply with the code

(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.