The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 2 of these Regulations makes provision for photographs to be taken of certain persons who are subject to immigration control. It also makes provision about the use and retention of these photographs and of fingerprints taken under equivalent provisions in sections 141 and 142 of the Immigration and Asylum Act 1999 (c. 33) (“the 1999 Act”).

Regulation 2 deals with who may be photographed, by whom and during what time period. It provides safeguards for children under sixteen and others.

Regulation 3 sets out the procedure for taking such photographs. The Secretary of State may require a person to attend at a specified place to be photographed, and a person who fails to comply with such a requirement may be arrested and photographed before being released.

“Biometric information” is defined in section 144(2) of the 1999 Act by reference to the definition in section 15 of the UK Borders Act 2007 (c. 30), and in this context refers to photographs and fingerprint records.

Regulation 4 makes provision about the uses for which biometric information provided under these Regulations or under section 141 of the 1999 Act may be retained.

Regulation 5 provides that where the Secretary of State already holds biometric information about a person (for whatever reason), the Secretary of State may reuse that information for the purposes of the 1999 Act or of these Regulations.

Regulations 6 and 8 respectively make provision about the destruction of biometric information and of electronic data relating to such information. Regulation 7 makes specific provision about the period for which a record of fingerprints may be retained.

Regulation 9 provides that the requirements in these Regulations to destroy biometric information or data do not apply if the data is retained in accordance with other powers. Those powers are contained in section 127 of the Nationality, Immigration and Asylum Act 2002 (c. 41), the British Nationality (General) Regulations 2003 (S.I. 2003/548) (“the 2003 Regulations”), the Immigration (Provision of Physical Data) Regulations 2006 (S.I. 2006/1743) (“the 2006 Regulations”) and the Immigration (Biometric Registration) Regulations 2008 (S.I. 2008/3048) (“the 2008 Regulations”).

Part 3 (regulation 10) makes transitional provision for any period between the coming into force of these Regulations and relevant amendments made to the 1999 Act by the Immigration Act 2016 (c. 19).

Part 4 (regulation 11 and the Schedule) makes related amendments to the 2003 Regulations, the 2006 Regulations and the 2008 Regulations. In particular, those amendments align the period for which biometric information may be retained under those Regulations with that prescribed for the retention of a record of fingerprints in regulation 7. The 2008 Regulations are also amended to make different provision in relation to different types of biometric immigration document.

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