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Police Scotland began a pilot of Scotland’s Digital Evidence Sharing Capability (DESC) in January 2023, while officials and watchdogs were still examining risks around US access to data, contractual protections and control of encryption keys. The Scottish Biometrics Commissioner later determined that uploading biometric data to DESC was consistent with Scotland’s statutory Code of Practice. That was not an ICO approval, a court ruling, or proof that every sovereignty and contract concern had been resolved.
What did Police Scotland pilot?
DESC is a Scottish Government programme designed to let evidence move digitally through the justice system. The Scottish Biometrics Commissioner described it in 2023 as a £33 million initiative. The government awarded the contract to US-headquartered Axon Public Safety in October 2021, and the service is hosted on Microsoft Azure.
Computer Weekly reported that the Dundee pilot began on 24 January 2023. Police Scotland uploaded significant volumes of images, including still and CCTV images. DNA profiles and fingerprints were not uploaded while the legal position was being clarified.
Why did the data protection concerns matter?
The Scottish Police Authority’s Data Protection Impact Assessment identified risks involving both the location and control of sensitive data. It raised the possibility of US-government access under the US Cloud Act, described Microsoft’s contractual terms as generic or non-specific, and said Axon could not meet data-sovereignty clauses. It also noted that Axon held the encryption keys and could potentially decrypt and provide data if compelled by US authorities.
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In an April 2023 information notice, the Scottish Biometrics Commissioner recorded that the provider and its Azure sub-processor were US companies subject to legislation that could allow US-government access. The Commissioner said he was concerned the pilot had launched despite “unresolved major data protection issues.”
The issue was not simply whether approved Police Scotland staff could log in. Scotland’s Code of Practice, which took legal effect on 16 November 2022, requires under Principle 10 that biometric data be protected from unauthorised access and disclosure in accordance with the UK GDPR and the Data Protection Act 2018. The Commissioner’s concern was whether the arrangements adequately protected that data, including against access through the provider or its legal obligations.
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What did the ICO say about cloud access?
The Information Commissioner’s Office told Computer Weekly it had not formally approved law-enforcement use of hyperscale cloud systems. It said US technical support or a US-government request under the Cloud Act could amount to an international transfer. The ICO’s reported advice was: “To avoid a potential infringement of data protection law, we strongly recommend ensuring that personal data remains in the UK by seeking out UK-based tech support.”
This was a caution about potential data-protection risks, not a finding that the DESC pilot was unlawful. Nor did the ICO’s comments amount to formal approval of the system.
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What was Police Scotland’s response?
A Police Scotland spokesperson said: “Police Scotland continues to work closely with all relevant partners to identify, assess and mitigate any risks relating to data sovereignty, where required. Further risk assessments and mitigation will be kept under ongoing scrutiny.” The force also said digital evidence was securely held, access was fully audited and monitored, and only approved personnel could access it.
Those controls address access within the system, but they do not by themselves settle questions about provider access, encryption-key control, contractual commitments or possible legal demands from another country.
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What did the Scottish Biometrics Commissioner ultimately decide?
| Date | Event |
|---|---|
| 16 November 2022 | Scotland’s statutory biometric Code of Practice took legal effect. |
| 24 January 2023 | Computer Weekly reported that the Dundee DESC pilot began. |
| 22 April 2023 | The Commissioner served a section 16 information notice requiring Police Scotland to explain whether biometric data had been exchanged, what types and volumes were involved, and where the data was hosted. |
| October 2023 | The Commissioner said Police Scotland’s response had not removed his specific concern that uploading sensitive biometric data could breach Principle 10. |
| December 2023 | After meeting UK Information Commissioner John Edwards, Commissioner Brian Plastow wrote that the ICO was unlikely to find the uploads conflicted with UK data-protection law. Plastow then determined that uploading biometric data to DESC was consistent with Principle 10. |
Plastow also said: “I am of course fully supportive of the need for digital evidence sharing to improve the effectiveness and efficiency of the justice system in Scotland.” His December determination resolved the question of consistency with Principle 10 as assessed by the Commissioner; it did not establish that every contractual, technical or data-sovereignty concern had disappeared.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What the decision does—and does not—establish
The Commissioner’s conclusion was a formal determination under Scotland’s biometric Code of Practice. It should not be read as a court finding, an ICO approval, or a blanket endorsement of every feature of DESC. The available record does not establish that the pilot caused a data breach or that a court found it unlawful.
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It also does not provide validated public figures for crime reduction, system accuracy, false matches or public approval. The evidence described here concerns the pilot’s data-protection risks, the oversight process and the Commissioner’s eventual Principle 10 determination.
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