Destruction of a digital photo or digitised signature
28EF Destruction of a digital photo or digitised signature
This section applies to a copy of a person’s digital photo or digitised signature—
accessed under this part by the administrator of a prescribed authorisation Act that is not a transport Act; and
in the possession of that administrator, including by electronic communication.
The administrator may retain the copy for the period necessary to conduct an investigation of, or for use in a proceeding for, an offence mentioned in section 28ED(5).
However, the administrator must take reasonable steps to destroy each copy of a person’s digital photo or digitised signature accessed for the investigation or prosecution of an offence if a proceeding for the offence has not started within 1 year after the day the photo or signature was first accessed.
The destruction of a copy of a digital photo or digitised signature must be carried out within a reasonable period—
after the administrator stops having a reason to retain the photo or signature under subsection (2); or
if subsection (3) applies.
In this section—
destroy, a digital photo or digitised signature, includes—
delete an electronic copy of the photo or signature; and
end the way in which the photo or signature may be accessed electronically.
This Act’s bill:Explanatory memorandum
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