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Coronavirus Act 2020

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Fingerprints and DNA profiles

  1. Biometrics (fingerprints and DNA profiles) are used daily in support of national security and, once taken or received in the UK, can only be retained for a specific period (except in certain circumstances where retention is permitted indefinitely). The material must be destroyed at the end of that period, unless a chief officer of police makes a national security determination to permit retention for a further period of up to 2 years.
  2. A national security determination may be made if the chief officer of police considers that retention of the material is necessary for the purposes of national security; and must be made in writing. A chief officer of police may make further national security determinations in respect of the material, each for a maximum of 2 years.
  3. The relevant provisions are:
    1. the Police and Criminal Evidence Act 1984;
    2. the Terrorism Act 2000;
    3. the Counter-Terrorism Act 2008;
    4. the Terrorism Prevention and Investigation Measures Act 2011;
    5. the Criminal Procedure (Scotland) Act 1995; and
    6. the Police and Criminal Evidence (Northern Ireland) Order 1989.
  4. It is anticipated that the impact that COVID-19 will have on the resources of the police will be such that chief officers of police will not be in a position to assess retained fingerprints and DNA profiles in the usual way, in order to determine whether it is necessary for these to be retained for the purposes of national security. This will mean that fingerprints and DNA profiles that would otherwise be retained for the purposes of national security may fall to be destroyed.
  5. It is vitally important that biometrics are not automatically deleted due to the effects of the pandemic restricting the capacity of chief police officers to consider the case for making or remaking a National Security Determination.
  6. Biometric material held using national security determinations is known in the past year to have led to the identification of individuals thought to have travelled to take part in the conflict in Syria or Iraq; linked individuals to other intelligence provided by overseas partners; linked individuals to unidentified crime stains; provided evidence of potential terrorist offences; and matched to potential visa and asylum applications, resulting in individuals being refused entry to the UK where it is appropriate.
  7. The Act therefore confers a regulation-making power on the Secretary of State so that they may vary the statutory retention deadlines for biometric material (fingerprints and DNA profiles) taken under the Terrorism Act 2000, Counter-Terrorism Act 2008, Terrorism Prevention and Investigation Measures Act 2011 and Police and Criminal Evidence Act 1984 (and similar legislation applicable in Scotland and Northern Ireland).

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