Immigration and Asylum Act 1999

143 Destruction of fingerprints. U.K.

(1) If they have not already been destroyed, fingerprints must be destroyed before the end of the specified period beginning with the day on which they were taken.

(2) If a person from whom fingerprints were taken proves that he is—

(a) a British citizen, or

(b) a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the 1971 Act,

the fingerprints must be destroyed as soon as reasonably practicable.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Fingerprints taken from F [F2 (within the meaning of section 141(7))] must be destroyed when fingerprints taken from the person whose dependant he is have to be destroyed.

(10) The obligation to destroy fingerprints under this section applies also to copies of fingerprints.

(11) The Secretary of State must take all reasonably practicable steps to secure—

(a) that data which are held in electronic form and which relate to fingerprints which have to be destroyed as a result of this section are destroyed or erased; or

(b) that access to such data is blocked.

(12) The person to whom the data relate is entitled, on request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by subsection (11).

(13) A certificate under subsection (12) must be issued within three months of the date of the request for it.

F3 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) “Specified period” means—

(a) such period as the Secretary of State may specify by order;

(b) if no period is so specified, ten years.

Textual Amendments

F1 S. 143(3)-(8) repealed (14.12.2001) by 2001 c. 24, ss. 36(1)(a)(2), 125, Sch. 8 Pt. 3

F2 Words in S. 143(9) inserted (14.12.2001) by 2001 c. 24, s. 36(1)(b)(2), 127(2)

F3 S. 143(14) repealed (14.12.2001) by 2001 c. 24, ss. 36(1)(c)(2), 127(2), Sch. 8 Pt. 3

Modifications etc. (not altering text)

C1 S. 143 extended by S.I. 2002/2818, art. 11(1)(f) (as inserted (18.11.2006) by Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 (S.I. 2006/2908), arts. 1, 2(a))