UK Borders Act 2007

[F1 8 Use and retention of biometric information U.K.

(1) The Secretary of State must by regulations make provision about the use and retention by the Secretary of State of biometric information provided in accordance with regulations under section 5(1).

(2) The regulations must provide that biometric information may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with—

(a) the exercise of a function by virtue of the Immigration Acts, or

(b) the exercise of a function in relation to nationality.

(3) The regulations may include provision permitting biometric information retained by virtue of subsection (2) also to be used—

(a) in connection with the prevention, investigation or prosecution of an offence,

(b) for a purpose which appears to the Secretary of State to be required in order to protect national security,

(c) in connection with identifying persons who have died, or are suffering from illness or injury,

(d) for the purpose of ascertaining whether a person has acted unlawfully, or has obtained or sought anything to which the person is not legally entitled, and

(e) for such other purposes (whether in accordance with functions under an enactment or otherwise) as the regulations may specify.

(4) The regulations must include provision about the destruction of biometric information.

(5) In particular the regulations must require the Secretary of State to take all reasonable steps to ensure that biometric information is destroyed if the Secretary of State—

(a) no longer thinks that it is necessary to retain the information for use as mentioned in subsection (2), or

(b) is satisfied that the person to whom the information relates is a British citizen, or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971.

(6) The regulations must also—

(a) require that any requirement to destroy biometric information by virtue of the regulations also applies to copies of the information, and

(b) require the Secretary of State to take all reasonable steps to ensure—

(i) that data held in electronic form which relates to biometric information which has to be destroyed by virtue of the regulations is destroyed or erased, or

(ii) that access to such data is blocked.

(7) But a requirement to destroy biometric information or data is not to apply if and in so far as the information or data is retained in accordance with and for the purposes of another power.

(8) The regulations must include provision—

(a) entitling a person whose biometric information has to be destroyed by virtue of the regulations, on request, to a certificate issued by the Secretary of State to the effect that the Secretary of State has taken the steps required by virtue of subsection (6)(b), and

(b) requiring such a certificate to be issued within the period of 3 months beginning with the date on which the request for it is received by the Secretary of State.

(9) Section 6(6) applies to regulations under this section as it applies to regulations under section 5(1).]

Textual Amendments

F1 S. 8 substituted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 14(1), 75(3); S.I. 2014/1820, art. 3(m)

Modifications etc. (not altering text)

C1 S. 8 applied by 1981 c. 61, s. 41(IZC) (as inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 10(3), 75(3); S.I. 2014/1820, art. 3(i))

C2 S. 8 applied by 1999 c. 33, s. 144A (as inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 14(2), 75(3); S.I. 2014/1820, art. 3(m))

C3 S. 8 applied by 2002 c. 41, s. 126(8A) (as inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 14(3), 75(3); S.I. 2014/1820, art. 3(m))

C4 Ss. 5-15 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 2, Sch. 1

C5 S. 8 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 4, Sch. 3, Sch. 3A