SCHEDULES
SCHEDULE 2Retention of biometric data for counter-terrorism purposes etc
20Protection of Freedoms Act 2012
After paragraph 7 insert—
7A
1
This paragraph applies where—
a
fingerprints to which paragraph 7 applies have been taken from a person (“the original fingerprints”), and
b
a national security determination under that paragraph is made in relation to the original fingerprints.
2
A constable may make a determination under this paragraph in respect of any further fingerprints taken from the same person (“the further fingerprints”) if condition 1 or condition 2 is met.
3
Condition 1 is met if—
a
the further fingerprints are fingerprints to which paragraph 7 applies, and
b
the further fingerprints or the original fingerprints were taken in connection with a terrorist investigation, as defined by section 32 of the Terrorism Act 2000.
4
Condition 2 is met if the further fingerprints were taken from the person in Northern Ireland under—
a
paragraph 10 of Schedule 8 to the Terrorism Act 2000,
b
paragraph 1 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or
c
paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
5
Where a determination under this paragraph is made in respect of the further fingerprints—
a
the national security determination made in relation to the original fingerprints also applies in relation to the further fingerprints, and
b
a requirement under any enactment to destroy the further fingerprints does not apply for as long as the national security determination has effect.
6
A written record must be made of a determination under this paragraph.
7
In this paragraph “enactment” includes an enactment comprised in, or in an instrument made under, Northern Ireland legislation.