The Act Commentary on Sections Part 1: Regulation of biometric data Part 2: Material subject to the International Criminal Court Act 2001
119.Fingerprints and samples may be taken from a person under Schedule 4 to the International Criminal Court Act 2001 if the International Criminal Court (“ICC”) requests assistance in obtaining evidence of the identity of a person (who will usually be a person suspected of committing an “ICC crime” such as genocide or war crimes). Under new section 63U(3) of PACE, inserted by section 17 of this Act, the regime in Chapter 1 of Part 1 of this Act does not apply to such material. Part 2 of Schedule 1 instead substitutes a new paragraph 8 of Schedule 4 to the International Criminal Court Act 2001 to make provision for the retention and destruction of material taken under that Schedule, so that all material must be destroyed within six months of it being transferred to the ICC or, if later, as soon as it has fulfilled the purposes for which it was taken.