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http://www.out-law.com/en/articles/2012 ... e-cameras/ Protection of Freedoms Act comes into force and lays out new laws on DNA retention and surveillance camerasThe Protection of Freedoms (PoF) Act received Royal Assent on 1 May will govern the use of individuals' data in a variety of contexts, including in relation to CCTV and ANPR technology.
The code "must contain guidance" on at least either "the development or use of surveillance camera systems" or "the use or processing of images or other information obtained by virtue of such systems", but may contain guidance on both, the Act said.
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The Home Office said that "commencement orders" would be issued from July to enact some of the measures in the PoF Act.
The PoF Act also sets out new laws governing the retention and destruction of DNA and fingerprint profiles of suspected and convicted criminals. Last year the UK's Supreme Court ruled that police guidelines that allowed DNA samples taken during criminal investigations to be retained indefinitely were unlawful because it violated individuals' rights to privacy as guaranteed by human rights laws.
DNA and fingerprint samples can be retained "indefinitely" under the PoF Act in select circumstances, including where arrested suspects have been guilty of a serious crime previously. If those arrested suspects have no such previous conviction, their data must be destroyed after a three year period. Police can ask a district judge to issue an order enabling them to retain the information for a further two years, although this request can be appealed against.
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