Posted by Richard Willet Posted on 16 September 2020

The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 24(2), (4) and (8) of the Coronavirus Act 2020(1).

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, commencement and interpretation

1.—(1) These Regulations may be cited as the Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020 and come into force on 1st October 2020.

(2) In these Regulations, “the first retention Regulations” means the Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020(2).

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 on a date during the period that starts with 1st October 2020 and ends with 24th March 2021.

(3) The retention of the fingerprints or DNA profiles under the national security determination may continue for a further period of six months starting with the date on which the national security determination would otherwise have ceased to have effect.

(4) In paragraphs (2) and (3), references to the date on which a national security determination ceases to have effect include the date on which a national security determination whose effect has been extended in accordance with regulation 2 of the first retention Regulations (extension of the effect of a national security determination) ceases to have effect.

Read More: The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020

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