The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020
| Jurisdiction | UK Non-devolved |
2020 No. 391
National Security
The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020
Made 1st April 2020
Laid before Parliament 1st April 2020
Coming into force 2nd April 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 24(2) and (8)(a) of the Coronavirus Act 20201.
The Secretary of State, in accordance with section 24(3) of that Act, considers that coronavirus is having, or is likely to have, an adverse effect on the capacity of persons responsible for making national security determinations to consider whether to make, or renew, national security determinations and that it is in the interests of national security to retain the fingerprints or DNA profiles as provided for in these Regulations.
The Secretary of State has consulted the Commissioner for the Retention and Use of Biometric Material in accordance with section 24(6) of that Act.
Citation and commencement
1. These Regulations may be cited as the Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020 and come into force on the day after the date on which they are made.
Extension of the effect of a national security determination
2.—(1) Paragraph (3) applies in respect of fingerprints or DNA profiles that satisfy the condition in paragraph (2).
(2) The condition is that the fingerprints or DNA profiles are retained in accordance with a national security determination that will (ignoring the effect of these Regulations) cease to have effect during the period of 6 months starting with the date on which these Regulations come into force.
(3) The retention of the fingerprints or DNA profiles under the national security determination may continue for a further period of 6 months starting with the date on which the national security determination would otherwise have ceased to have effect.
Extension of a current statutory retention period
3.—(1) Paragraph (4) applies in respect of fingerprints or DNA profiles that satisfy the conditions in paragraphs (2) and (3).
(2) The first condition is that the fingerprints or DNA profiles are retained—
(a)
(a) under any of the following provisions—
(i) paragraph 20B(3) or paragraph 20C(3) of Schedule 8 to the Terrorism Act 2000 (retention of paragraph 20A material)2;
(ii) section 18A(1) of the Counter-Terrorism Act 2008 (retention of section 18 material)3;
(iii) paragraph 8(2) of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (retention of paragraph 6 material)4, or
(b)
(b) under section 63F(3) of the Police and Criminal Evidence Act 1984 (retention of section 63D material)5if the fingerprints or DNA profiles satisfy the national security retention condition (see regulation 5).
(3) The second condition is that the final day of the period for which the fingerprints or DNA profiles may be retained (“the retention period”) will (ignoring the effect of these Regulations) fall on a date during the period of 6 months starting with the date on which these Regulations come into force.
(4) The retention of the fingerprints or DNA profiles may continue for a further period of 6 months starting with the date on which the final day of the...
To continue reading
Request your trial