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5.—(1) For the purposes of regulations 3 and 4, fingerprints or DNA profiles satisfy the national security retention condition if, prior to these Regulations coming into force, the controller of the fingerprints or DNA profiles has been notified by a constable or a member of the civilian staff of a police force that the fingerprints or DNA profiles may be relevant to the interests of national security.
(2) For the purposes of paragraph (1) notification may be given in any form.
(3) In this regulation—
(a)“controller” is to be construed in accordance with Part 3 of the Data Protection Act 2018(1); and
(b)“police force” means a police force in England & Wales, the Police Service of Scotland or the Police Service of Northern Ireland.
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