New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 321

321 Privacy and security safeguards

(1) The Commissioner is to ensure that the following requirements are complied with in relation to the operation of an authorised biometric identification system in any correctional centre--

(a) any image or recording of a person's features, other than the person's photograph, must not be retained on the system, and must be deleted as soon as the person's biometric algorithm is made,

(b) a person's biometric algorithm must not be made, stored or kept as part of any other database that is maintained by or on behalf of Corrective Services NSW, other than a database kept for the purposes of tracking radiation dosage from an X-ray scanning device,

(c) the system must not be used to reconstruct a person's features from a person's biometric algorithm,

(d) the photograph of each visitor to a correctional centre must be eliminated from the system--

(i) within 6 months after the person's last recorded visit to a correctional centre, or

(ii) as soon as practicable at the request of the person,

(e) a person's biometric algorithm must not be stored in the system's database in a way that would enable unauthorised access to the information,

(f) permission must not be given to any person or agency that would enable any person, other than a correctional officer or departmental officer, to gain access to a person's biometric algorithm stored in the system's database.

(2) Any person who is involved in the operation of an authorised biometric identification system must not knowingly or negligently--

(a) permit a person to gain access to any information in the system's database, or

(b) provide a person with any information in the system's database, or

(c) use the system to reconstruct a person's features from the person's biometric algorithm.

(3) This clause does not prevent access to a person's photograph or personal details being given to--

(a) the Commissioner, or

(b) the principal officer, however described, of a law enforcement agency, or

(c) any person involved in the operation, maintenance, repair or replacement of the system.

(4) For the purposes of this clause, a person's
"features" are taken to include all aspects of the person's physical characteristics (for example, fingerprints and iris scans) and all aspects of a person's behavioural characteristics (for example, tone of voice and style of handwriting).