Institutional Burials Act 2022
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Destruction of samples taken from applicable persons, deletion of related DNA profiles and related information | ||
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76. (1) Subject to any regulations made under section 79 , FSI shall— | ||
(a) destroy a sample taken from an applicable person not later than the expiration of 3 months after the date on which the following first occurs— | ||
(i) there has been a notification to the nominee of the applicable person under section 54 that a familial link has been established, | ||
(ii) that part of the Identification Programme set out in paragraphs (a) to (c) of section 46 (2) is completed in respect of principal burial land and ancillary burial land, or | ||
(iii) the Director makes a decision, under section 47 (1) ,that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46 (2)(c) should cease, | ||
(b) delete a DNA profile generated from a sample taken from an applicable person not later than the expiration of 3 months after the date on which the following first occurs— | ||
(i) that part of the Identification Programme set out in paragraphs (a) to (c) of section 46 (2) is completed in respect of principal burial land and ancillary burial land, or | ||
(ii) the Director makes a decision, under section 47 (1), that the part of the Identification Programme referred to in subparagraphs (ii) and (iii) of section 46 (2)(c) should cease, | ||
and | ||
(c) as soon as practicable after that part of the Identification Programme set out in paragraphs (a) to (c) of section 46 (2) is completed in respect of principal burial land and ancillary burial land, delete any related information. | ||
(2) FSI shall notify a Director when a sample is destroyed and a DNA profile and related information are deleted under subsection (1). | ||
(3) On receipt of a notification under subsection (2), a Director shall— | ||
(a) delete all records, held by the Director, which relate to the applicable person, and | ||
(b) inform each nominee of the applicable person of the completion of his or her involvement in the Programme and return any record, held by the Director, associated with the nominee to that nominee. |