12 July 2022
IR 01-22-11772
Sonam
[FYI request #19215 email]
Dear Sonam
Request for Information
Thank you for your Official Information Act 1982 (OIA) request dated 26 April 2022
requesting information about the collection and retention of biometric information and
DNA.
My response to each of your questions can be found below.
1. How long these stays in the police central database?
Legislation pertaining to the lawful col ection and retention of fingerprints and photos
(identifying particulars) of a person in lawful custody or who Police intends to charge by
way of summons, is covered by the Policing Act 2008, sections 32, 33, 34 and 34A
(Policing Act 2008 No 72 (as at 28 October 2021), Public Act Contents – New Zealand
Legislation).
In general terms, biometric information (fingerprints and photos) and DNA profiles can be
lawfully retained on their respective databases fol owing a conviction for the matter that
triggered their col ection, or a conviction for a related matter.
The criteria for the lawful retention of fingerprints and photographs in in accordance with
the Public Records Act 2005 and defined under in the New Zealand Police Retention and
Disposal Schedule Part two –
9.3.1 - Fingerprints and photographs taken at arrest and person convicted are retained for
80 years.
Legislation regarding the lawful col ection of DNA samples from suspects is covered by
the Criminal Investigations Bodily Samples Act 1995 (CIBSA)
(Criminal Investigations
(Bodily Samples) Act 1995 No 55 (as at 28 October 2021), Public Act Contents – New
Zealand Legislation).
Retention and disposal differ for DNA as there are many conditions governing the lawful
retention of DNA profiles, and these vary for young persons and adults; the part of the
CIBSA legislation the DNA sample was taken under (Part 2B or Part 3); and the offence
and conviction/non-conviction outcomes.
The retention or destruction of DNA profiles and information is governed by Sections 24P
and 24Q, 26 and 26A, 36, 37, 60, 60A, 61, 61A, 62, and 63 of the CIBSA. In some
circumstances DNA profiles are held for 4 or 10 years then destroyed providing the
person has no subsequent imprisonable convictions. In other circumstances, such as
being convicted of a triggering offence that is defined by the CIBSA as “DNA relevant”,
the DNA profile is held indefinitely.
There are differences in the lawful retention period based on whether the person is an
adult or youth, the category of DNA sample (Part 2B or Part 2), and the offence conviction
outcome.
Police National Headquarters Wel ington P O Box 3017 Wel ington 6140
www.police.govt.nz
Police has processes in place across the fingerprint, photograph and DNA databases and
information management systems to ensure that when there is a court outcome or a
lawful retention period expires, that personal information is reviewed and either retained
or destroyed in accordance with the legislative requirements.
2. Who maintain this database, nz police or some third party agency?
Police maintains databases for biometric information which include fingerprints and
photographs.
The National DNA Database is managed by the Institute of Environmental Science and
Research Ltd (ESR) on behalf of Police.
3. How police securely store the database from frequent cyber attacks? Can
you please provide any info when it was compromised before due to any
cyber attack?
Police and ESR’s computer systems are protected by firewalls. The biometric databases
are further secured on controlled and limited access internal systems. The biometric
databases have not been the subject of cyber-attacks.
4. What happens to these when the offender gets discharged but convicted?
How long does it stays in the database against that person?
The retention or destruction of fingerprints and photographs is governed by Sections 34
and 34A of the Policing Act 2008. If a person is convicted, their fingerprints and
photograph may be lawfully retained. If the person is discharged without conviction under
S106 of the Sentencing Act, their fingerprints and photograph may also be lawfully
retained (refer S34A, (d)).
Refer to the information supplied for question 1 regarding ‘How long does it stay in the
database against that person’.
Fingerprints and photographs remain on their biometric databases providing the
conditions stipulated in S34A of the Policing Act 2008 are met.
5. What happens to these when the offender gets discharged without conviction
under s106?
The fingerprints and photograph from a person are retained if there is a court outcome of
Discharged without Conviction under S106 of the Sentencing Act. This is because a S106
discharged without conviction court outcome can only occur if there is an admission of
guilt or a finding by the court of “guilty”. As previously stated, the Policing Act 2008 S34A
(d) allows retention of fingerprints and photos in these circumstances.
(Sentencing Act
2002 No 9 (as at 12 April 2022), Public Act 106 Discharge without conviction – New
Zealand Legislation).
DNA profiles are destroyed if the conviction for the triggering offence is subsequently
overturned by the outcome of S106, discharged without conviction.
6. Does NZ police share these information with other government agency or
international agency like interpol etc.?
The Policing Act 2008 Sections 95A-95F detail how personal information such as
fingerprints and photographs may be lawfully disclosed to international Policing agencies,
usually as part of a particular investigation. New Zealand Police only share specific
individuals’ information when requested by an international policing agency, ensuring they
comply with New Zealand legislation.
The Mutual Assistance in Criminal Matters Act 1992, Section 31 allows for DNA profile
information to be released to an international Policing agency under certain conditions.
This information and the conditions governing an individual’s DNA information release is
given to suspects when the DNA Notice is served to them, prior to the request for their
DNA sample.
7. Does NZ police take consent of person before sharing this with other
agency?
Police does not inform the person or request their consent before disclosing fingerprint,
photo or DNA information and act in compliance with the above stated legislation on
information sharing.
If you have any further questions, please contact
[New Zealand Police request email] in
the first instance.
Yours sincerely
Matt Gittos
Acting Manager: National Forensic Services
Police National Headquarters
Document Outline
- OIA Executive Cover sheet TEMPLATE.pdf
- IR-01-22-11772 Approval sheet - Sonam signed.pdf
- Sonam IR-01-22-11772 drat response v2.pdf
- [EXTERNAL] Official Information request - Lifetime of offender DNA sample, fingerprints and mug shot.pdf