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24 November 2023 / Michael Zander KC
Issue: 8050 / Categories: Opinion , Technology , Artificial intelligence
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Mind the (biometric) gaps

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Abolishing the post of the biometrics commissioner would be a mistake, says Michael Zander KC

When I first read that the government intended to abolish the joint posts of Biometrics and Surveillance Camera Commissioner (BSCC) I was concerned, but I am not an expert in this technical field and felt unable to judge. But I am now wiser—or at least better informed.

The 2021 consultation paper issued by the then Department of Digital, Culture, Media and Sport said: ‘The government will explore the potential for further simplifying the oversight framework by absorbing the functions of those commissioner roles into the ICO [Information Commissioner’s Office] which should bring benefits to data controllers and the public with a single route for advice, guidance and redress,’ (Data: A New Direction, September 2021, para 410).

The Data Protection and Digital Information Bill Pt V provides that the commissioner functions would be transferred instead to the Investigatory Powers Commissioner. Part V is sponsored by the Home Office.

The Bill completed the commons committee stage in May, six months ago. The report stage will

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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