Destruction of Biometric Data of Family Member of EEA Nationals

Waiting for an internal review by Home Office of their handling of this request.

Dear Home Office,

Can you please provide me with current guidance relating to the destruction of Biometric Information about the family member of an EEA National.

I understand that the home office cannot legally retain such information without the approval of the person, as to do so would breach Article 8 and 14 of the ECHR (as they are not Persons Subject to Immigration Control).

Yours faithfully,

Amit Hidri

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

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FOI Requests, Home Office

Amit Hidri

 

Thank you for contacting the Home Office with your request. This has been
assigned to a caseworker (ref 31775). We will aim to send you a full
response by 16/06/2014 which is twenty working days from the date we
received your request.

 

If you have any questions then please do not hesitate to contact us.

 

Thank you

 

FOI Requests

Home Office

 

 

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Wayne Pearsall left an annotation ()

"In relation to your query regarding UKVI's obligation under the Data Protection Act, UKVI has an obligation to maintain effective immigration control and thus will retain the details of persons who remain subject to immigration control. Once those persons cease to be subject to immigration control, they may apply under the Data Protection Act to have their details destroyed."
https://docs.google.com/document/d/1jOOr...

However, Amit, I am sure they will hold documents confirming this (in addition to the letter linked).

FOI Responses, Home Office

1 Attachment

Dear Mr Hidri

 

Thank you for your e-mail of 16 May 2014, in which you ask for current
guidance relating to the destruction of biometric information about the
family member of an EEA National.  Your request has been handled as a
request for information under the Freedom of Information Act 2000. Please
find attached our response

 

Yours Sincerely

 

Information Access Team

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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Dear FOI Responses,

Thank you for responding. Please can you direct me to the legislation you refer to in your response to 31775.

I am also requesting that you review your response. I am sure you hold guidance. Afterall, memorandums explaining legislation are to guide decision makers.

Yours sincerely,

Amit Hidri

FOI Responses, Home Office

This mailbox is unable to accept incoming messages and your email has been
automatically redirected to [1][Home Office request email] for a
response. Please use this email address for any further queries.

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FOI Responses, Home Office

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Meliana Pearsall left an annotation ()

http://www.legislation.gov.uk/ukpga/2007... this is UK Immigration Rules info. Eea regs are different.

Meliana Pearsall left an annotation ()

Also worth noting section 143 (11) http://www.legislation.gov.uk/ukpga/1999...

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Destruction of Biometric Data of Family Member of EEA Nationals'.

31775

Please confirm receipt. I previosuly wrote to you requesting the laws and an internal review

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

Amit Hidri

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests, Home Office

Dear Amit Hidri

Thank you for your recent e mail concerning the above matter.
We are dealing with your enquiry and aim to send a response by 28/07/2014.

Regards

Information Management Services (IMS)
Corporate Services

www.gov.uk/home-office

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Meliana Pearsall left an annotation ()

Their response to which laws is over due.... Note it was a fresh foi request.

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Destruction of Biometric Data of Family Member of EEA Nationals'.

31775

I write for two reasons.

1. I write to ask for the progress on my internal review. I was given the date of the 28/7/14 for a response. This date has passed. It was for this reason, despite a reminder from a fellow what do they know user, I was patient and continued to await your response.

2. When I wrote on 16th June 2014, I requested which law's relate to the storage, and destruction of biometric data. I have had no response to this question, which I am sure under S.16 of the act, would of fell for release in my initial response, and if not was to be considered a new freedom of information request, to which the twenty working day time limit has significantly been broken.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

Amit Hidri

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

BritCits left an annotation ()

Amit - there may not be ANY guidance on destroying biometric info - as that's not an action they want to take. May be more useful to ask for guidance on RETAINING biometric info, or even all guidance on or relating to biometric data.

Amit Hidri left an annotation ()

Many thanks BritCits, noted.

FOI Responses, Home Office

1 Attachment

Amit Hidri

 

Please find attached a response to your request for an internal review

 

 

Diana Pottinger

Information Access Team

Home Office

 

Please note that any futher correspondence should be sent to 
[1][Home Office request email]  not FOI responses.

 

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

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1. mailto:[Home Office request email]

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Destruction of Biometric Data of Family Member of EEA Nationals'.

I note that you have released information relating to the police force. None of which includes the term "Family member of an EEA National" - the reason being: This request focused on Immigration, as you know very well.

You have not made a reasonable assumption on this request, instead, you have absolutely and completely avoided providing the information of which I requested.

Please provide all Biometric Data relating to Immigration cases. By avoiding immigration, I believe that you have deliberately avoided the information asked for to be released. The term Family Member of an EEA National should of immediately sparked immigration, considering my communication with you over the past year on this subject.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

Amit Hidri

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

If you have a general immigration enquiry, or require an update on a
specific case, you should contact UKVI directly, contact information can
be found here:
https://www.gov.uk/government/organisati... and
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

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1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

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