Summary
3.The Act makes provision for the Secretary of State in respect of England and Wales, and the Scottish Ministers in respect of Scotland, to authorise governors and directors of relevant institutions to interfere with wireless telegraphy in order to prevent the use of electronic communications devices (including mobile telephones) in, or detect or investigate the use of such devices within, relevant institutions. In England and Wales ‘relevant institutions’ are prisons, young offender institutions and secure training centres. In Scotland, ‘relevant institutions’ are prisons and young offenders institutions. The Act provides that the detection or investigation of the use of such devices may be carried out by collecting ‘traffic data’ in relation to a communication. The definition of traffic data is discussed in paragraph 16 of these Notes.
4.The Act makes provision for safeguards in order to ensure that, in particular, any undue interference with wireless telegraphy outside of the relevant institution is limited. The Act also provides safeguards regarding the retention and disclosure of information obtained in the exercise of powers under an authorisation. In particular, the Act provides that any information obtained by detecting or investigating the use of electronic communication devices in relevant institutions must be destroyed no later than three months after it was obtained unless the governor or director of the relevant institution authorises its continued retention as being necessary and proportionate on specified grounds. The information obtained may not be disclosed other than to specified persons unless such disclosure is considered as being necessary and proportionate on specified grounds.