The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2013 No. 2580

Amendment of the Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013

3.  After article 2 insert the following article—

“2A.   Notwithstanding the insertion by section 1 of the Act of section 63D(2)(a) of the Police and Criminal Evidence Act 1984(1), any fingerprints which were taken, and any DNA profile which was derived from a sample taken, before 31st October 2013 may be retained if they were taken from a person who—

(a) was convicted of a recordable offence (other than an excluded offence within the meaning of section 63F(11) of that Act); and

(b) at the time the fingerprints or sample were taken, gave purported consent to them being taken.”.

(1)

Section 63D was inserted by section 1 of the Protection of Freedoms Act 2012.