Institutional Burials Act 2022
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Chapter 6 Databases: DNA (Historic Remains) Database and Personal Information (Historic Remains) Database | ||
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Establishment of DNA (Historic Remains) Database and Personal Information (Historic Remains) Database | ||
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63. (1) FSI shall, as soon as practicable after receipt of a notification under section 46 (7), that an Identification Programme is continuing, establish, maintain and operate the following 2 databases (in this Act referred to as the “Databases”) in respect of the principal burial land concerned and any related ancillary burial land— | ||
(a) a DNA (Historic Remains) Database containing the following indexes of DNA profiles— | ||
(i) an unidentified human remains index, containing the DNA profiles of persons generated from samples taken, or treated as having been taken, under section 59 , from human remains recovered from the land concerned and entered in that index, | ||
(ii) a family members’ index, containing the DNA profiles of persons generated from samples provided, or treated as having been provided, by relevant persons under section 60 , or generated from samples, referred to in section 51 , provided by applicable persons, and | ||
(iii) an elimination index, containing the DNA profiles of persons generated from samples provided under section 61 , | ||
and | ||
(b) a Personal Information (Historic Remains) Database containing— | ||
(i) the information that may be used to identify a person from whose sample a DNA profile is generated and entered in the family members’ index and the elimination index, | ||
(ii) the information that may be used to describe a person from whose sample a DNA profile is generated and entered in the unidentified human remains index, and | ||
(iii) such other information as the Director of FSI considers necessary having regard to his or her function under section 64 (1)(g). | ||
(2) Where more than one DNA profile is generated from a sample (as referred to in section 58 ) FSI shall store each DNA profile generated from the sample of a person or taken from human remains with the DNA profile generated from the sample of another person or from human remains which generates information comprising the same particular set of identification characteristics of another person in a separate section within the DNA (Historic Remains) Database. | ||
(3) The Databases may only be used for the purposes of— | ||
(a) DNA profile comparison, | ||
(b) conducting permitted searching under section 65 , | ||
(c) providing information that is required by a Director, | ||
(d) the facilitation of the performance by the Oversight Committee of its functions under Chapter 7 in relation to the management and operation of the Databases, | ||
(e) the compilation of statistics and related analysis of an Identification Programme, or | ||
(f) any other related purpose that may be specified from time to time by the Director of FSI. |