Correctional Centres Act 1952 Prisons (General) Amendment (Biometric Identification System) Regulation 1997 (1997-560) [GG No 114 of 24.10.1997, p 8643] (NSW)

1997 No 560

New South Wales

Prisons (General) Amendment

(Biometric Identification System)

Regulation 1997

under the

Correctional Centres Act 1952

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Correctional Centres Act 1952.

BOB DEBUS

Minister for Corrective Services

Explanatory note

The object of this Regulation is to provide for the operation in correctional centres of a biometric identification system. The purpose of the system is to provide, for reasons of security, for the identification of any person (including departmental staff and visitors) who enters or leaves a correctional centre.

The system is designed to record a photo-image and a fingerprint algorithm of each person who enters or leaves a correctional centre. However, privacy safeguards are included to ensure that the information recorded in the system's database will be protected from improper use or disclosure.

This Regulation is made under the Correctional Centres Act 1952, including section 50 (the general regulation making power).

Published in Gazette No 114 of 24 October 1997, page 8643 Page 1

1997 No 560

Clause 1 Prisons (General) Amendment (Biometric Identification System) Regulation 1997

Prisons (General) Amendment (Biometric

Identification System) Regulation 1997

1 Name of Regulation

This Regulation is the Prisons (General) Amendment (Biometric

Identification System) Regulation 1997.

2 Commencement

This Regulation commences on 1 November 1997.

3 Amendment of Prisons (General) Regulation 1995

The Prisons (General) Regulation 1995 is amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

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1997 No 560

Prisons (General) Amendment (Biometric Identification System) Regulation 1997

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Part 9A

Insert after Part 9:

Part 9A Biometric identification system

131A Operation of biometric identification system in

correctional centres

(1)

The Commissioner may authorise the operation in correctional centres of a biometric identification system for the purposes of controlling access to correctional centres by all persons (including correctional officers).

(2)

The system is designed to ensure that each person who
enters a correctional centre for the purposes of:

(a)	conducting a visit, or
(b)	carrying out duties or activities requiring access to the correctional centre,

is the same person who leaves the correctional centre after conducting that visit or carrying out those duties or activities.

(3)

In order to gain access to a correctional centre, a person may be required to comply with the requirements relating to the operation of the system.

(4)

A person may be denied access to a correctional centre if the person refuses to comply with any such requirement.

(5)

The requirements relating to the operation of the system
include:

(a)	the recording of a person’s biometric algorithm in the system’s database, along with the person’s photo image and personal details, and
(b)	the scanning of a person’s fingerprints each time the person enters or leaves a correctional centre.

1997 No 560

Prisons (General) Amendment (Biometric IdentificationSystem) Regulation 1997

Schedule 1 Amendment

(6)

This clause does not apply in respect of any person who is under the age of 18 years, but i t does apply in respect of such a person if:

(a)	the person has previously been the subject of a direction by the Commissioner under clause I 14, or
(b)	the person has been convicted of an offence in relation to a previous visit by the person to a correctional centre, or
(c)	the correctional officer in charge of the visiting area of the correctional centre being visited by the person is of the opinion that the person’s physical appearance is similar to an inmate of the correctional centre.

(7)

This clause has effect despite any provision of Part 9.

131B 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:

the fingerprint image of any person must not be retained on the system, and must be deleted as soon as the person’s biometric algorithm is made, a person’s biometric algorithm and photo image must not be made, stored and kept as part of any other database that is maintained by or on behalf of the Department,

the system must not be used to reconstruct a fingerprint pattern from a person’s biometric algorithm,

centre must be eliminated from the system:

the photo image of each visitor to a correctional

(i) within 6 months of the person’s last

recorded visit to a correctional centre, or

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

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1997 No 560

Prisons (General) Amendment (Biometric Identification System) Regulation 1997

Amendment Schedule 1

(e) a person’s biometric algorithm must not be stored

in the system’s database in such 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 an officer of the Department) to gain access to any information in the system’s database.

authorised biometric identification system must not

Any person who is involved in the operation of an

knowingly or negligently:

(a)	permit a person who is not an officer of the Department to gain access to any information in the system’s database, or
(b)	provide such a person with any information in the system’s database, or
(c)	use the system to reconstruct a person’s fingerprint pattern from the person’s biometric algorithm.

Maximum penalty: 20 penalty units.

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