Article 64ZB Destruction of data given voluntarilyF1

Not yet in force

(1)

This Article applies to—

(a)

fingerprints or impressions of footwear taken in connection with the investigation of an offence with the consent of the person from whom they were taken, and

(b)

a DNA profile derived from a DNA sample taken in connection with the investigation of an offence with the consent of the person from whom the sample was taken.

C1 C2(2)

Material to which this Article applies must be destroyed as soon as it has fulfilled the purpose for which it was taken or derived, unless it is—

(a)

material relating to a person who is convicted of the offence,

(b)

material relating to a person who has previously been convicted of a recordable offence, other than a person who has only one exempt conviction,

(c)

material in relation to which any of Articles 64ZC to 64ZH applies, or

(d)

material which is not required to be destroyed by virtue of consent given under Article 64ZL.

(3)

If material to which this Article applies leads to the person to whom the material relates being arrested for or charged with an offence other than the offence under investigation—

(a)

the material is not required to be destroyed by virtue of this Article, and

(b)

Articles 64ZD to 64ZH have effect in relation to the material as if the material was taken (or, in the case of a DNA profile, was derived from material taken) in connection with the investigation of the offence in respect of which the person is arrested or charged.

Annotations

Textual amendments

F1: Arts. 64ZA-64ZN inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 15(2), 59(1)

Modifications

C1: Art. 64ZB(2) modified (2.4.2020) by The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020 (S.I. 2020/391), regs. 1, 4(3)(b) (with reg. 5)
C2: Art. 64ZB(2) modified (1.10.2020) by The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020 (S.I. 2020/973), regs. 1(1), 4(3)(b)(4)

Notes on the whole Order

Textual amendments

F1: mod. by 2005 c. 2