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(1)Regulations under section 5(1) must make provision about the use and retention by the Secretary of State of biometric information provided in accordance with the regulations.
(2)The regulations may include provision permitting the use of information—
(a)in connection with the exercise of a function by virtue of the Immigration Acts,
(b)in connection with control of the United Kingdom's borders,
(c)in connection with the exercise of a function in relation to nationality,
(d)in connection with the prevention, investigation or prosecution of an offence,
(e)for a purpose which appears to the Secretary of State to be required in order to protect national security, and
(f)for such other purposes (whether in connection with functions under an enactment or otherwise) as the regulations may specify.
(3)Regulations under section 5(1)—
(a)must include provision about the destruction of biometric information held by the Secretary of State having been obtained or recorded by virtue of the regulations,
(b)must, in particular, require the destruction of biometric information held by the Secretary of State if the Secretary of State thinks that it is no longer likely to be of use in accordance with provision made by virtue of subsection (1) above, and
(c)must, in particular, include provision similar to section 143(2) and (10) to (13) of the Immigration and Asylum Act 1999 (c. 33) (fingerprints: destruction of copies and electronic data).
(4)But a requirement to destroy information shall not apply if and in so far as the information is retained in accordance with and for the purposes of another enactment.
Commencement Information
I1S. 8 in force at 31.1.2008 by S.I. 2008/99, art. 2(b)
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