Section 10: DNA Data Records

10. DNA Data Records (1) The Director shall keep DNA Data Records consisting of an index of DNA Profiles derived from DNA samples submitted to the FSL for forensic analysis and ensure that those data are securely stored and remain confidential. (2) Where a person whose DNA sample has been taken— (a) is convicted of an offence; or (b) is not convicted of an offence but gives his written consent to, the DNA data derived from the forensic analysis of his DNA sample may be kept as part of the DNA Data Records. (3) Where a person who is not convicted for an offence does not give his written consent pursuant to subsection (2), the DNA data derived from the forensic analysis of his DNA sample may be kept as part of the DNA Data Records where— (a) he has previously been convicted of an offence; or (b) he has since been charged with having committed another offence. (4) Subject to subsection (3), where a person who is not convicted for an offence does not give his consent pursuant to subsection (2), the DNA data derived from forensic analysis of his DNA sample may be kept as part of the DNA Data Records for a period not exceeding 5 years as from the date of the acquittal, stay of proceedings or decision not to prosecute, as appropriate, unless that person requests the Director in writing, after his acquittal, the stay of proceedings or decision not to prosecute him, as appropriate, to erase his data from the DNA data records, and the Director shall cause the data to be erased within a period of one year from the receipt of the request. D18 – 5 [Issue 3] (5) Where a person has consented to give his DNA sample under this Act, that consent may be revoked by giving written notice to the Director and the Director shall cause the DNA sample to be destroyed and the resulting profile to be erased from the DNA Data Records within a period of one year from the date of receipt of the revocation.