Use and retention of biometric information11

If a person proves that he is —

a

a British citizen; or

b

a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom)3,

any record of the person’s fingerprints or his photograph, or any copy of them, held by the Secretary of State pursuant to these Regulations must be destroyed as soon as reasonably practicable.