Retention of photographs and fingerprints

Grass between the tracks

If an arrested person is never charged with an offence, how long can the Gardai retain the photographs and fingerprints taken? Is there an accepted time scale for their destruction?

Also how would a person be able to confirm that the records had been destroyed?

Hogzy

Ask your local station for a Data Protection Access Request form. Think you can get them on the gardai website as a pdf.

Not entirely sure how long they can keep your info. Try iccl.ie the website isnt working for me at the moment so try later maybe

dermot_sheehan

http://www.irishstatutebook.ie/2007/en/act/pub/0029/sec0049.html

Our man in Havana

Does the requester have to give the Garda Commisioner a reason why they want the records deleted?

Hogzy

Haddockman wrote: »

Does the requester have to give the Garda Commisioner a reason why they want the records deleted?

I presume not as it is your right to have them deleted if you have never been convicted of an offense.

Im open to correction though

epgc3fyqirnbsx

A good discussion on the area here
http://www.supremecourt.ie/Judgments.nsf/1b0757edc371032e802572ea0061450e/59f4d9a1eec7a338802576af00306860?OpenDocument

McCrack

If they are given voluntarily in that no power (law) was used to obtain them, the police can retain them indefinately.

epgc3fyqirnbsx

McCrack wrote: »

If they are given voluntarily in that no power (law) was used to obtain them, the police can retain them indefinately.

And this is why a garda may ask you to consent to giving such records, they will not be subject to terminations.
As regard to a requested termination, I'm unsure but I would imagine that had they not been recorded for a proven offence that they would have to be destroyed

Our man in Havana

Can a person whose photographs and fingerprints were taken voluntarily avail of section 49 of the CJA 2007?

If an arrested person refuses consent, I take it the Gardaí will just invoke a power and take them anyways? Just that were they are taken under a power they will have to delete them themselves after the 12 months are up?

detective

Haddockman wrote: »

Can a person whose photographs and fingerprints were taken voluntarily avail of section 49 of the CJA 2007?

If an arrested person refuses consent, I take it the Gardaí will just invoke a power and take them anyways? Just that were they are taken under a power they will have to delete them themselves after the 12 months are up?

No they cannot.
Yes the Gardai can and more than likely will take them anyway with the consent from a member of Insp rank or above. The Gardai do not have to delete them themselves, it must be requested by the donor. This was not the case up until the 2007 Act when Gardai did have to delete them themselves.

Our man in Havana

What you are saying is a person cannot request the deletion where they were given voluntarily in the first place?

detective

Haddockman wrote: »

What you are saying is a person cannot request the deletion where they were given voluntarily in the first place?

Correct; the 2007 Act only applies to where fingerprints are taken under the "powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006".

Grass between the tracks

Thanks for all responses especially Detective.