Commentary on provisions of Act Section 2: Retention of information received from member States
This section places a duty on the UK designated authority to store the information received in relation to a UK national from an EU Member State via a conviction notification, and any further updates or deletions of that conviction information. The duty is created by subsections (2) and (4).
	Subsection (1) applies the duty in respect of UK nationals convicted under the law of an EU Member State where the central authority of that State notifies the UK of the conviction.
	Subsection (3) sets out that the UK can store the information by whatever means it considers appropriate to provide flexibility so that the conviction data can be stored on all relevant national systems. In practice, the information will be entered into the criminal records database.
	Subsection (4) requires the UK designated authority to amend the domestic record if any updates or deletions are received from an EU Member State.
	Subsection (5) provides that the duty to retain conviction information does not apply where its retention would contravene UK data protection legislation, although in determining whether a contravention exists this duty must be taken into account.