New Clause 38: Data Protection and Digital  Information Bill
New Clause 38 - Retention of biometric data from INTERPOL
“(1) Part 1 of the Counter-Terrorism Act 2008 (powers to gather and share information) is amended in accordance with subsections (2) to (4).
(2) In section 18(4) (destruction of national security material not subject to existing statutory restrictions), after “18A” insert “, 18AA”.
(3) After section 18A insert—
“18AA Retention of material from INTERPOL
(1) This section applies to section 18 material which is not a DNA sample where the law enforcement authority obtained or acquired the material as part of a request for assistance, or a notification of a threat, sent to the United Kingdom via INTERPOL’s systems.
(2) The law enforcement authority may retain the material until the National Central Bureau informs the authority that the request or notification has been cancelled or withdrawn.
(3) If the law enforcement authority is the National Central Bureau, it may retain the material until it becomes aware that the request or notification has been cancelled or withdrawn.
(4) In this section—
“INTERPOL” means the organisation called the International Criminal Police Organization - INTERPOL;
“the National Central Bureau” means the body appointed for the time being in accordance with INTERPOL’s constitution to serve as the United Kingdom’s National Central Bureau.
(5) The reference in subsection (1) to material obtained or acquired as part of a request or notification includes material obtained or acquired as part of a communication, sent to the United Kingdom via INTERPOL’s systems, correcting, updating or otherwise supplementing the request or notification.
18AB Retention of material from INTERPOL: supplementary
(1) The Secretary of State may by regulations amend section 18AA to make such changes as the Secretary of State considers appropriate in consequence of—
(a) changes to the name of the organisation which, when section 18AA was enacted, was called the International Criminal Police Organization - INTERPOL (“the organisation”),
(b) changes to arrangements made by the organisation which involve fingerprints or DNA profiles being provided to members of the organisation (whether changes to existing arrangements or changes putting in place new arrangements), or
(c) changes to the organisation’s arrangements for liaison between the organisation and its members or between its members.
(2) Regulations under this section are subject to affirmative resolution procedure.”
(4) In section 18BA(5)(a) (retention of further fingerprints), after “18A” insert “, 18AA”.
(5) Section 18AA of the Counter-Terrorism Act 2008 applies in relation to section 18 material obtained or acquired by a law enforcement authority before the commencement day (as well as material obtained or acquired on or after that day), except where the law enforcement authority was informed, or became aware, as described in subsection (2) or (3) of that section before the commencement day.
(6) Subsection (7) of this section applies where—
(a) at the beginning of the commencement day, a law enforcement authority has section 18 material,
(b) at a time before the commencement day (a “pre-commencement time”), the law enforcement authority was required by section 18(4) of the Counter-Terrorism Act 2008 to destroy the material, but
(c) at the pre-commencement time, the law enforcement authority could have retained the material under section 18AA of that Act (as inserted by this section) if it had been in force.
(7) Where this subsection applies—
(a) the law enforcement authority is to be treated as not having been required to destroy the material at the pre-commencement time, but
(b) the material may not be used in evidence against the person to whom the material relates—
(i) in criminal proceedings in England and Wales, Northern Ireland or Scotland in relation to an offence where those proceedings, or other criminal proceedings in relation to the person and the offence, were instituted before the commencement day, or
(ii) in criminal proceedings in any other country or territory.
(8) In this section—
“the commencement day” , “law enforcement authority” and “section 18 material” have the meaning given in section (Retention of biometric data and recordable offences)(14);
“instituted” , in relation to proceedings, has the meaning given in section (Retention of biometric data and recordable offences)(15).”—(Sir John Whittingdale.)