Police to keep prints, biodata for 7 years after charges dropped

The proposed Virgin Islands Police Act, 2023 which is currently before the House of Assembly (HOA) for debate, has removed an earlier provision to destroy fingerprints and other personal data of persons acquitted of charges faced by the police.

This change is one of the dozens of revisions made to the 2019 version of the Bill after it had attracted major concerns and public backlash.

In Section 28 of the 2019 version of the proposed Bill which was rejected by lawmakers, it was stated that “on the acquittal of any person whose photographs, descriptions, measurements, fingerprints, palmprints, footprints or other physical specimens have been taken pursuant to this Part, such photographs, descriptions, measurements, fingerprints, palmprints, footprints or physical specimens shall be destroyed or handed over to that person at his or her option.”

That section was contingent on subsection (4) of Section 28 which argues that, in instances where the Commissioner of Police believes this information should not be destroyed, an application should be made before the courts for the retention of this data.

According to the previous Bill, this provision would be triggered in instances where the Commissioner has reasonable grounds to suspect that the person has been involved in the commission of another offence for which they have not yet been charged.