5 Essex Chambers silk named Interim Biometrics Commissioner

The role has been vacant since Tony Eastaugh stepped down in August 2024.

Whitelaw, who has been a King's Counsel since 2023, will serve for up to six months while a permanent Biometrics and Surveillance Camera Commissioner is appointed.

She was appointed by the Minister for Policing and Crime Prevention under the Governance Code on Public Appointments.

In her interim role, she will carry out key statutory functions under the Protection of Freedoms Act 2012, including:

• reviewing police applications for the exceptional retention of DNA and fingerprints under section 63G of the Police and Criminal Evidence Act 1984 (PACE);
• evaluating National Security Determinations.

5 Essex said Whitelaw brings extensive expertise across public law, police, government, information law and human rights.

“Her practice includes a wealth of experience in major inquiries and inquests, making her uniquely placed to take on this oversight role,” it added.

Whitelaw said: “I am delighted to have been appointed the interim Biometrics Commissioner, while the government progresses the appointment of a permanent Commissioner. My focus will be to consider police applications to retain, exceptionally, DNA and fingerprints under section 63G of the Police and Criminal Evidence Act, and under National Security Determinations, balancing the public interest considerations with the rights of individuals.”

Jason Beer KC, Head of 5 Essex Chambers, said: “Francesca’s appointment is a clear recognition of her expertise and judgement in the most sensitive areas of public law. She will bring intellectual rigour, fairness and independence to this vital role, and we are proud to support her during this time.”

The Surveillance Camera Commissioner post will remain vacant until the new commissioner is appointed on a permanent basis.