The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) (Amendment) Regulations 2026
Authorized private contractors at short-term holding facilities to take photographs of migrants for immigration purposes starting October 2026.
These Regulations expand the category of 'authorised persons' permitted to take photographs of individuals under immigration control.
Specifically, the order grants this authority to employees of private contractors working at short-term holding facilities.
The measure applies to the Home Office, its contracted security providers, and individuals detained or processed at these facilities, ensuring that the staff managing these sites have the same legal powers to take photographs as they do to take fingerprints.
Arguments For
The Regulations state that the amendments align the authority to take photographs with the existing authority to take fingerprints under section 141 of the Immigration and Asylum Act 1999.
Proponents argue the measure ensures consistency in the powers granted to personnel operating short-term holding facilities.
The document indicates that the change facilitates the discharge of duties by contractors under short-term holding facility contracts by clarifying their status as authorised persons.
Arguments Against
Civil liberties groups have previously raised concerns regarding the expansion of biometric data collection powers to private third-party contractors.
Legal observers may question the oversight mechanisms in place for private employees exercising statutory powers traditionally reserved for Crown servants.
Advocacy groups often express concern that increasing the number of individuals authorised to collect biometric data increases the risk of data mishandling or privacy breaches.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) (Amendment) Regulations 2026.
- (2) These Regulations come into force on 6th October 2026.
- (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the official title of the statutory instrument and sets the date it becomes legally active as 6 October 2026.
It confirms that the new rules apply uniformly across all four nations of the United Kingdom.
Amendment of the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021
2 In regulation 2 (photographs) of the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021-
(a) in paragraph (5)-
(i) at the end of sub-paragraph (d), omit 'or';
(ii) at end of sub-paragraph (e), for '.' substitute '; or'; and
(iii) after sub-paragraph (e), insert-
'(f) a person who is employed by a contractor in connection with the discharge of the contractor's duties under a short-term holding facility contract.';
(b) after paragraph (6), insert-
'(6A) In paragraph (5)(f), 'contractor' and 'short-term holding facility contract' have the same meaning as in section 141(6A) of the 1999 Act.';
(c) in paragraph (15)(b), for 'or (e)' substitute ', (e) or (f)'.
This section adds employees of private firms managing short-term holding facilities to the list of people legally allowed to photograph individuals subject to immigration procedures.
It adopts the definitions of 'contractor' and 'short-term holding facility' from the Immigration and Asylum Act 1999 to ensure legal consistency.
By amending the list of 'authorised persons', it enables these staff members to perform biometric collection tasks previously restricted to other officials.
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