The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for extension of the time limits that apply to the retention of certain fingerprints or DNA profiles. The Regulations apply in respect of fingerprints or DNA profiles that are retained under certain counter-terrorism provisions, or that may otherwise be relevant to the interests of national security.

Regulation 2 makes provision in respect of fingerprints or DNA profiles that are retained in accordance with a national security determination, if that national security determination would otherwise cease to have effect within the period of 6 months from the date on which these Regulations come into force. Paragraph (3) provides for the continued retention of fingerprints or DNA profiles under the national security determination for a further period of 6 months.

Regulation 3 makes provision in respect of fingerprints or DNA profiles that are retained under a statutory retention period, if the final day of the retention period is due to fall within the period of 6 months from the date on which these Regulations come into force. Paragraph (4) provides that the fingerprints or DNA profiles may be retained under that retention period for a further period of 6 months.

Regulation 4 makes provision in respect of fingerprints or DNA profiles that are currently retained and in respect of which a requirement to destroy would arise under certain provisions, within the period of 6 months from the date on which these Regulations come into force. Paragraph (3) provides that the fingerprints or DNA profiles may be retained for a further period of 6 months.

Regulation 5 provides the meaning of the national security retention condition, which is used in regulations 3 and 4. It provides that fingerprints or DNA profiles are retained in the interests of national security if a constable or a civilian staff member of a police force has notified the controller of the fingerprints and DNA profiles that they may be relevant to the interests of national security. Such notification may be given in any form but must have been given prior to these Regulations coming into force. For the purposes of regulation 5 a controller has the meaning given by Part 3 of the Data Protection Act 2018.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.