(1)This section applies if a person—
(a)is to be removed from the United Kingdom to a country of which he is a national or citizen; but
(b)does not have a valid passport or other document establishing his identity and nationality or citizenship and permitting him to travel.
(2)If the country to which the person is to be removed indicates that he will not be admitted to it unless identification data relating to him are provided by the Secretary of State, he may provide them with such data.
(3)In providing identification data, the Secretary of State must not disclose whether the person concerned has made a claim for asylum.
[F1(4)For the purposes of Article 49(1)(d) of the [F2UK GDPR], the provision under this section of identification data is a transfer of personal data which is necessary for important reasons of public interest.]
[F3(4A)“The UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).]
(5)“Identification data” means—
(a)fingerprints taken under section 141; or
(b)data collected in accordance with regulations made under section 144.
(6)“Removed” means removed as a result of directions given under section 10 or under Schedule 2 or 3 to the 1971 Act.
Textual Amendments
F1S. 13(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 47(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2Words in s. 13(4) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 19(2) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F3S. 13(4A) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 19(3) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)