£139,000 pa 37 hr week
About the appointment
Introduction
Biometrics Commissioner
The Protection of Freedoms Act (PoFA) 2012 introduced the regime for the destruction, retention and use by the police of biometric material (DNA samples, DNA profiles and fingerprints), including that held for national security purposes. The regime amended the Police and Criminal Evidence Act 1984, so that only those convicted of a criminal offence have their DNA and fingerprints retained indefinitely.
PoFA provides a mechanism whereby in exceptional circumstances Chief Officers of police in England and Wales can apply for the DNA profile and/or fingerprints obtained from a person arrested, but not subsequently charged with an offence to be retained for a limited period. Such applications are made under section 63G of PACE to the Commissioner for the Retention and Use of Biometric Material (the ‘Biometrics Commissioner’), who may consent to such retention if they consider it appropriate.
PoFA additionally makes provision for a National Security Determination (NSD) to be made, allowing the extended retention of biometric material where it is necessary for national security purposes. This regime also distinguishes between the retention of biometric materials taken from adults and those under 18 years of age. The Commissioner has a UK-wide oversight function as regards the retention and use by the police on national security grounds.
The Commissioner for the Retention and Use of Biometric Material (the ‘Biometrics Commissioner’) is responsible for providing independent oversight and scrutiny of the retention regime established by PoFA and governing the retention and use by the police in England and Wales of DNA samples, DNA profiles and fingerprints.
Surveillance Camera Commissioner
PoFA also introduced the requirement for a code of practice, on the use of surveillance camera systems, to be produced by the Home Secretary. The Act established a Surveillance Camera Commissioner to have responsibility for encouraging police and local authorities to comply with the surveillance camera code and to consider how best to encourage voluntary adoption of the code by other operators of surveillance camera systems. They are additionally responsible for reviewing the operation of the code and providing advice about the code, including changes to it and breaches of it.
Combined role
Whilst the two roles are distinct and separate from each other, we will be seeking one individual to fill both roles as this has been how the role has been successfully carried out in the past two appointments as a way to simplify the oversight regime.
The Commissioner will be supported by an office of staff who will support them in carrying out their functions.
Appointment description
Biometrics and Surveillance Camera Commissioner
Location: Flexible in the UK, but will require regular travel to London
Time Requirements: Full time
Remuneration: £130,000
The Home Secretary is seeking to appoint a single Biometrics and Surveillance Commissioner for two years.
Established by the Protection of Freedoms Act (PoFA) 2012, the Biometrics and Surveillance Camera Commissioner promotes police compliance with the rules set out by PoFA for the use, retention and destruction of DNA, fingerprints and police and local authority compliance with the Surveillance Camera Code. A decision has been taken to appoint a single person to continue to deliver the statutory functions of both roles.
The responsibilities of the Surveillance Camera Commissioner will include the delivery of a project, to support the Government’s Safer Streets mission and priority to reduce violence against women and girls by half over the next decade. As part of this you will explore and make recommendations to Ministers on what more could be done through the effective use of overt surveillance, to support delivery of this important priority.
The joint Commissioner provides independent oversight of biometrics and overt surveillance, with interest from Ministers and a diverse range of stakeholders. There is growing public interest in police use of biometrics and use of new technologies, such as facial recognition, which are becoming more widespread and advanced. As the use of facial recognition continues to expand, the role of the Biometrics and Surveillance Camera Commissioner will be influential in shaping the future of security and tackling crime.
Candidates will be highly skilled to deliver their statutory functions and have experience of working successfully at a senior level, ideally within a legal, law enforcement, regulatory or criminology environment or within academia, such as the study of criminal justice, ethics, human rights law, or criminology. Whatever your background, you will appreciate the importance and opportunity that this role presents. Excellent communication skills, decisiveness, independence, and unquestionable integrity will be essential.
This valuable role is offered for a two-year term whilst the Government considers the longer-term regulatory and oversight arrangements for biometrics and overt surveillance, including facial recognition.
Regulation of appointment
Person specification
Essential criteria
- Leadership: demonstrable track record in relevant senior leadership roles and the ability to set strategic vision and drive forward priorities.
- Knowledge: a clear understanding of the work, priorities and challenges relating to the use of biometrics and overt surveillance.
- Experience: a strong track record of delivery on biometrics and overt surveillance policy issues within either a within a public or private sector setting.
- Relationship building: ability to build strong stakeholder relationships, including with Ministers and Senior Government officials and external stakeholders.
- Communication: strong communication and interpersonal skills with the ability to listen, accept challenge and constructively challenge others in discussions with clarity and respect.
- Judgement: effective decision-making skills with the ability to critically analyse a wide range of information to make clear and objective evidence-based recommendations to support the delivery of the BSCC’s objectives.
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Collaboration: ability to work closely key stakeholders, providing support, constructive challenge, and assurance as appropriate.
Part Two – Personal Abilities and Behaviours
- Enthusiasm and demonstrable interest in the role that biometrics and surveillance can play in protecting the public and a sensitivity to the civil liberties issues which may arise.
- An ability to command respect and demonstrate both the independence and authority to establish credibility with Ministers and key stakeholders.
- High standards of corporate and personal conduct, including a sound understanding of and strong commitment to equal opportunities, public service values and principles of public life, enabling you to act impartially and uphold the role of BSCC.
Desirable criteria
- Experience of working at a senior level in a legal, law enforcement, regulatory or criminology environment.
- Experience of working at a senior level in academia (for example, in the study of criminal justice, ethics, human rights law or criminology).
- Experience of delivering analytical casework in a relevant setting.