Institutional Burials Act 2022

Permitted searching of Databases

65. (1) The Databases may only be searched—

(a) by the Director of FSI or a member of the staff of FSI, and

(b) in accordance with this section.

(2) Where more than one DNA profile has been generated from a sample in accordance with section 58 , and having regard to section 63 (2), a reference in this section to comparing a DNA profile with another DNA profile shall be construed as a reference to comparing DNA profiles in the same section within the DNA (Historic Remains) Database which provide information comprising the same set of identification characteristics of the DNA.

(3) A DNA profile entered in the family members’ index of the DNA (Historic Remains) Database may—

(a) for the purpose of a DNA profile comparison, be compared with—

(i) another DNA profile entered in that index, or

(ii) a DNA profile entered in the unidentified human remains index of that Database,

or

(b) for the purposes of elimination, be compared with the elimination index of that Database.

(4) A DNA profile entered in the unidentified human remains index of the DNA (Historic Remains) Database may—

(a) for the purpose of a DNA profile comparison, be compared with—

(i) another DNA profile entered in that index, or

(ii) a DNA profile entered in the family members’ index of that Database,

or

(b) for the purposes of elimination, be compared with a DNA profile entered in the elimination index of that Database.

(5) A DNA profile entered in the elimination index of the DNA (Historic Remains) Database may—

(a) for the purposes of elimination, be compared with a DNA profile entered in—

(i) the unidentified human remains index of that Database,

(ii) the family members’ index of that Database,

and

(b) for the purposes of identifying any duplication of entries, be compared with another DNA profile entered in the elimination index.

(6) The Databases may be searched for the purposes of—

(a) performing the functions of the Director of FSI, and

(b) checking the operation of those Databases.