Overview

This bill allows authorized personnel in prisons and similar institutions to intercept wireless communications to prevent and detect the use of prohibited items like mobile phones. Strict safeguards and oversight are included to ensure the process is lawful and proportionate.

Description

The Prisons (Interference with Wireless Telegraphy) Bill grants the appropriate national authority (the Secretary of State in England and Wales, the Scottish Ministers in Scotland) the power to authorize the interception of wireless communications within prisons, young offender institutions, and secure training centers. This interception is permitted only to prevent or detect the use of items capable of transmitting or receiving images, sounds, or information electronically (including mobile phones and their components).

Authorisation and Safeguards

Authorisation must be in writing. The authority must ensure the equipment used is fit for purpose and inform the Office of Communications. Directions must be given to those authorized, specifying information to be provided to the Office of Communications, reporting intervals, and circumstances necessitating modification or discontinuation of interception to prevent disproportionate interference outside the institution. The bill also specifies lawful grounds for retaining and disclosing intercepted information, including national security and crime prevention.

Data Retention and Disclosure

Intercepted information must be destroyed within 3 months unless its retention is authorized and deemed necessary and proportionate. Disclosure is limited to relevant institutional officers, authorized employees, the Secretary of State, and (in Scotland) the Scottish Ministers, unless further authorization is given based on necessity and proportionality.

Interpretation

The bill defines key terms such as "appropriate national authority," "relevant institution," "wireless telegraphy," "traffic data," and "person in charge" with specific contexts for England, Wales, and Scotland, including provisions for contracted-out institutions.

Government Spending

The bill does not directly specify any changes to government spending. The cost implications will depend on the resources allocated to implement the interception systems and associated oversight processes. No figures are available in the provided text.

Groups Affected

• Prison staff: Will be empowered to intercept communications, subject to authorization and guidelines.
• Prisoners: Their communications may be intercepted, affecting privacy. The bill aims to prevent criminal activity facilitated by wireless devices.
• Office of Communications: Will receive information regarding interception activities for oversight.
• Secretary of State (England & Wales) and Scottish Ministers: Responsible for authorizing interceptions and overseeing compliance.

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