[8 Use and retention of biometric information]

[8  Use and retention of biometric information]

[(1)     The Secretary of State must by regulations make provision about the use and retention by the Secretary of State of biometric information provided in accordance with regulations under section 5(1).

(2)     The regulations must provide that biometric information may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with—

(a)     the exercise of a function by virtue of the Immigration Acts, or

(b)     the exercise of a function in relation to nationality.

(3)     The regulations may include provision permitting biometric information retained by virtue of subsection (2) also to be used—

(a)     in connection with the prevention, investigation or prosecution

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