Scottish Biometrics Commissioner Act 2020

Meaning of key terms

34 Meaning of “biometric data”

(1) In this Act, “biometric data” means information about an individual’s physical, biological, physiological or behavioural characteristics which is capable of being used, on its own or in combination with other information (whether or not biometric data), to establish the identity of an individual.

(2) For the purposes of subsection (1), “biometric data” may include—

(a) physical data comprising or derived from a print or impression of or taken from an individual’s body,

(b) a photograph or other recording of an individual’s body or any part of an individual’s body,

(c) samples of or taken from any part of an individual’s body from which information can be derived, and

(d) information derived from such samples.

35 Power to change meaning of “biometric data”

The Scottish Ministers may by regulations modify section 34 so as to change, or clarify, the meaning of “biometric data” in this Act.

36 Interpretation

In this Act, except where the context requires otherwise—

• “code of practice” means the code of practice for the time being in effect by virtue of section 13,

• “Commissioner” means the Scottish Biometrics Commissioner,

• “Parliamentary corporation” means the Scottish Parliamentary Corporate Body.