79Right to privacy when being photographed

79 Right to privacy when being photographed (1) A photograph taken under section 78 or section 78A must be taken— (a) in a place where no members of the public are present; and (b) by a person of the same sex as the registrable offender. (2) A police officer cannot require an offender who is to be photographed under section 78 or section 78A to expose for that purpose— (a) the offender’s genitals; or (b) the anal area of the offender’s buttocks; or (c) if the offender is female, or a transgender or intersex person who identifies as female—the offender’s breasts. (3) A police officer present in a place while a photograph is being taken under this section must be of the same sex as the registrable offender. (4) If the offender is a transgender or intersex person who identifies as female, the offender is taken to be female for this section. (5) If the offender is a transgender or intersex person who identifies as male, the offender is taken to be male for this section.