Institutional Burials Act 2022
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Destruction of samples, deletion of DNA profiles and related information: relevant person withdraws consent | ||
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74. (1) Where a relevant person withdraws from participation in an Identification Programme by notice in writing under section 48 (6), the Director shall, as soon as practicable after receipt of that notice — | ||
(a) where a sample has been taken from, or treated as having been taken from, the person under section 60 and— | ||
(i) the sample has not been delivered to FSI, destroy the sample, or | ||
(ii) the sample has been delivered to FSI, request that FSI— | ||
(I) destroy the sample and, if a DNA profile of the person has been generated from the sample, delete that DNA profile from the family members’ index, and | ||
(II) delete any related information, | ||
(b) return all records, held by the Director, which relate to the person to that person and if applicable, confirm in writing the steps taken under paragraph (a), and | ||
(c) inform each nominee of the person of the withdrawal and return any record, held by the Director, associated with the nominee to that nominee. | ||
(2) Where a relevant person does not consent to the giving of a sample or a second or further sample under section 60 , he or she shall be taken to have withdrawn his or her consent to participate in an Identification Programme and paragraphs (a) to (c) of subsection (1) shall apply in like manner as soon as practicable after such refusal as they apply to a withdrawal of consent under section 48 (6). |