The Act Commentary on Sections Part 1: Regulation of biometric data Section 9: Material retained for purposes of national security
95.Section 9 inserts new section 63M of PACE which makes provision for the retention of material for the purposes of national security. Where a person’s section 63D material would otherwise fall to be destroyed, it may be retained for up to two years where the responsible chief officer of police determines that it is necessary to retain it for the purposes of national security (a ‘national security determination’). A responsible chief officer may renew a national security determination in respect of the same material, thus further extending the retention period by up to two years at a time. See section 20 (paragraphs 129 to 133) which set out the functions of the Commissioner for the Retention and Use of Biometric Material in respect of national security determinations.