# National Security Act 2023, Paragraph 6: Requirement to destroy material

Extent: E+W+S+N.I.

(1) This paragraph applies to—
(a) fingerprints taken under paragraph 1,
(b) a DNA profile derived from a DNA sample taken under that paragraph,
(c) relevant physical data taken or provided under paragraph 4,
(d) a DNA profile derived from a DNA sample taken under that paragraph.
(2) Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 6 material”) must be destroyed if it appears to the responsible chief officer of police that the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful.
(3) In any other case, paragraph 6 material must be destroyed unless it is retained under a power conferred by paragraph 8, 9, or 11.
(4) Paragraph 6 material that ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other such power that applies to it.
(5) Nothing in this paragraph prevents a relevant search from being carried out, in relation to paragraph 6 material, within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

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Source: https://www.legislation.gov.uk/ukpga/2023/32/schedule/12/paragraph/6 (the official version)
Page: https://openlegislation.uk/national-security-act-2023/schedule-12/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.