Question to the Home Office:

To ask His Majesty's Government whether they have identified any current functions of the Biometrics and Surveillance Camera Commissioner that will not be transferred to the Investigatory Powers Commissioner under the Data Protection and Digital Information Bill; and if so, what plans they are making to continue those functions in the future.

The Protection of Freedoms Act 2012 sets out the functions of the Biometrics and Surveillance Camera Commissioner. Broadly speaking they are to promote compliance by police with the rules on DNA and fingerprints, and to promote good practice by police and local authorities in the use of surveillance cameras respectively.

Overall, the responses to the public consultation on data reform in 2021 indicated that oversight in these areas was crowded and confusing and there was support for simplification. In response the Data Protection and Digital Information Bill abolishes both posts but transfers the Biometrics Commissioner’s casework functions to the Investigatory Powers Commissioner’s Office.

A number of other bodies already operate in this space and will continue to do so. This includes the Information Commissioner’s Office, which amongst other things regulates and promotes good practice by all organisations’ in their use of biometrics and surveillance cameras, including police and local authorities; the Forensic Science Regulator, which ensures that the provision of forensic science services across the criminal justice system is subject to an appropriate regime of scientific quality standards; the Forensic Information Database Strategy Board, which oversees use of the police DNA and fingerprint databases; the College of Policing, which sets requirements, accredits, quality assures and delivers learning and professional development for policing; His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, which independently assesses the effectiveness and efficiency of police forces; the Independent Office for Police Conduct, which investigates the most serious complaints and conduct matters involving the police, and sets the standards by which the police should handle complaints; the Equality and Human Rights Commission, which regulates compliance with equality and human rights law; and the British Standards Institute, which develops British Standards.