sec.28EHRetention period for a digital photo or digitised signature generally

### sec.28EH Retention period for a digital photo or digitised signature generally This section sets out the retention period for a person’s digital photo or digitised signature taken under this Act. Unless subsection (3) or section 28EHA applies, the retention period for a person’s digital photo or digitised signature taken under section 28EA (1) is— if an application mentioned in section 28EA (1) (a) is granted or the person’s digital photo or digitised signature taken under section 28EA (1) (b) is to be used under section 28EC (1) (b) —30 years after the creation date; or if an application mentioned in section 28EA (1) (a) is not granted—the shorter of the following periods— 6 months after the creation date; the period decided by the chief executive; or if paragraph (a) or (b) does not apply—24 hours after the creation date. Despite subsection (2) , if— an investigation as mentioned in section 28EC (2) is started within the retention period worked out under subsection (2) (b) or (c) of this section, or section 28EHA , for a person’s digital photo or digitised signature; and the chief executive reasonably requires a person’s digital photo or digitised signature to be kept for a longer period for the investigation or a proceeding resulting from the investigation; the retention period for the digital photo or digitised signature is the longer period mentioned in paragraph (b) of this subsection. s 28EH ins 2015 No. 14 s 43 amd 2018 No. 10 s 60 ; 2019 No. 25 s 61 (sec.28EH-ssec.1) This section sets out the retention period for a person’s digital photo or digitised signature taken under this Act. (sec.28EH-ssec.2) Unless subsection (3) or section 28EHA applies, the retention period for a person’s digital photo or digitised signature taken under section 28EA (1) is— if an application mentioned in section 28EA (1) (a) is granted or the person’s digital photo or digitised signature taken under section 28EA (1) (b) is to be used under section 28EC (1) (b) —30 years after the creation date; or if an application mentioned in section 28EA (1) (a) is not granted—the shorter of the following periods— 6 months after the creation date; the period decided by the chief executive; or if paragraph (a) or (b) does not apply—24 hours after the creation date. (sec.28EH-ssec.3) Despite subsection (2) , if— an investigation as mentioned in section 28EC (2) is started within the retention period worked out under subsection (2) (b) or (c) of this section, or section 28EHA , for a person’s digital photo or digitised signature; and the chief executive reasonably requires a person’s digital photo or digitised signature to be kept for a longer period for the investigation or a proceeding resulting from the investigation; the retention period for the digital photo or digitised signature is the longer period mentioned in paragraph (b) of this subsection. - (a) if an application mentioned in section 28EA (1) (a) is granted or the person’s digital photo or digitised signature taken under section 28EA (1) (b) is to be used under section 28EC (1) (b) —30 years after the creation date; or - (b) if an application mentioned in section 28EA (1) (a) is not granted—the shorter of the following periods— (i) 6 months after the creation date; (ii) the period decided by the chief executive; or - (i) 6 months after the creation date; - (ii) the period decided by the chief executive; or - (c) if paragraph (a) or (b) does not apply—24 hours after the creation date. - (i) 6 months after the creation date; - (ii) the period decided by the chief executive; or - (a) an investigation as mentioned in section 28EC (2) is started within the retention period worked out under subsection (2) (b) or (c) of this section, or section 28EHA , for a person’s digital photo or digitised signature; and - (b) the chief executive reasonably requires a person’s digital photo or digitised signature to be kept for a longer period for the investigation or a proceeding resulting from the investigation;