Institutional Burials Act 2022

Destruction of samples taken for elimination purposes and deletion of related DNA profiles and related information

77. Subject to any regulations made under section79 , FSI shall—

(a) destroy a sample taken from a person for elimination purposes under section 61 and delete a DNA profile generated from that sample not later than the expiration of 3 months after the date on which the following first occurs—

(i) it is confirmed that the person did not or could not have contaminated another sample,

(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,

(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, or

(iv) in the case of a person whose consent was required under section 61 (3) to the giving of a sample, where the person so requests in writing,

and

(b) as soon as practicable after the sample is destroyed and DNA profile is deleted, subject to section 73 , delete any related information.