PART 2The Independent Commission for Reconciliation and Information Recovery
Biometric material
I1I235Biometric material
1
The Secretary of State may by regulations—
a
designate a collection of biometric material, or part of such a collection, for the purposes of this section;
b
provide for biometric material in designated collections not to be destroyed if destruction of the material would otherwise be required by any of the destruction provisions;
c
provide for preserved material to be retained;
d
provide for preserved material to be used for the purposes of, or in connection with, the exercise of any ICRIR function except the function of producing the historical record;
e
provide for preserved material to be destroyed.
2
If regulations provide for the retention of preserved material, the Secretary of State must, by regulations, require—
a
that periodic reviews of the need to retain the material are carried out by the ICRIR;
b
that the material is destroyed by no later than the end of a reasonable period after the conclusion of the ICRIR’s work (see section 31(1)) in connection with functions other than producing the historical record.
3
Regulations made under this section are subject to negative procedure.
4
In this section—
“biometric material” means a record of—
- a
a DNA profile based on a DNA sample taken before 31 October 2013, or
- b
fingerprints taken before 31 October 2013;
- a
“destruction provisions” means—
- a
Article 63B of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),
- b
Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989,
- c
any provision of Part 1 of Schedule 8 to the Terrorism Act 2000 which requires the destruction of biometric material,
- d
paragraph 8 of Schedule 4 to the International Criminal Court Act 2001,
- e
any provision of sections 18 to 18E of the Counter-Terrorism Act 2008 which requires the destruction of biometric material,
- f
any provision of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 which requires the destruction of biometric material,
- g
section 18G of the Criminal Procedure (Scotland) Act 1995, and
- h
section 18(3) to (5) of the Criminal Procedure (Scotland) Act 1995 as applied by paragraph 7 of Schedule 4 to the International Criminal Court (Scotland) Act 2001 (asp 21);
- a
“preserved material” means biometric material in a designated collection which, by virtue of regulations made under subsection (1)(b), has not been destroyed (as would otherwise have been required by any of the destruction provisions).