Overview

This bill allows authorized personnel in prisons and similar institutions to intercept wireless communications to prevent or investigate the use of prohibited items like mobile phones. Strict safeguards and oversight are included to ensure this power is used responsibly and proportionately.

Description

Interception of Wireless Communications

The bill permits the appropriate national authority (the Secretary of State in England and Wales, Scottish Ministers in Scotland) to authorize prison officials to intercept wireless communications. This interception is permitted only to prevent or detect the use of prohibited items within the institution, such as mobile phones, their components, or related articles. The interception includes the collection of traffic data.

Safeguards and Oversight

The bill mandates that the appropriate national authority must ensure any interception equipment is fit for purpose and inform the Office of Communications. Directions must be given specifying what information must be provided to the Office of Communications, the frequency of these reports, and circumstances requiring modification or cessation of interception. These directions aim to prevent disproportionate interference with wireless telegraphy outside the institution.

Data Retention and Disclosure

Information obtained through interception must be destroyed within three months unless its retention is authorized and deemed necessary and proportionate for purposes such as national security, crime prevention, public safety, or maintaining prison order. Disclosure is similarly restricted and requires authorization under specific circumstances.

Definitions

The bill defines key terms, including "appropriate national authority," "relevant institution" (prisons, young offender institutions, secure training centers), and "traffic data." It also clarifies who is considered "the person in charge" of each relevant institution.

Government Spending

The bill does not directly specify any figures for government spending. The cost will likely relate to the procurement and implementation of the required interception technology, staff training, and administrative oversight by the relevant authorities. No specific budgetary allocations are mentioned.

Groups Affected

Prisoners: This bill directly impacts prisoners, as it allows for the interception of their communications.
Prison Staff: Prison staff will be responsible for implementing the interception, requiring training and adherence to strict procedures.
Law Enforcement Agencies: Law enforcement may benefit from the information collected through interception, aiding in investigations and prosecutions.
Office of Communications: This body will receive reports on the use of interception powers, allowing for oversight and monitoring.
The Public: The bill includes safeguards to minimize any unintentional interference with wireless communications outside prison walls.

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