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A

BILL

TO

Make provision about interference with wireless telegraphy in prisons and
similar institutions.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Interference with wireless telegraphy in prisons etc.

(1) The appropriate national authority may authorise the person in charge of a
relevant institution to interfere with wireless telegraphy.

(2) An interference with wireless telegraphy authorised under subsection (1) may
5be carried out only for the purpose of—

(a) preventing the use within the institution of an item specified in
subsection (3), or

(b) detecting or investigating the use within the institution of such an item.

(3) The specified items are—

(a) 10a device capable of transmitting or receiving images, sounds or
information by electronic communications (including a mobile
telephone);

(b) a component part of such a device;

(c) an article designed or adapted for use with such a device (including any
15disk, film or other separate article on which images, sounds or
information may be recorded).

(4) The interference with wireless telegraphy that may be authorised by virtue of
subsection (2)(b) is for the collection of traffic data in relation to an electronic
communication and (subject to the provisions of this Act) such an
20authorisation permits the retention, use and disclosure of that data.

(5) Conduct to which this subsection applies is lawful for all purposes.

(6) The conduct to which subsection (5) applies is—

(a) interference with wireless telegraphy that—

(i) is authorised under subsection (1), and

Prisons (Interference with Wireless Telegraphy) BillPage 2

(ii) is carried out in accordance with subsection (2) and any
direction given under section 2,

(b) the retention, use or disclosure of any traffic data, collected as a result
of such an interference with wireless telegraphy, which is carried out in
5accordance with this Act.

(7) Section 8(1) of the Wireless Telegraphy Act 2006 (requirement for a licence to
establish or use a wireless telegraphy station or to instal or use wireless
telegraphy apparatus) does not apply in relation to anything done for the
purposes of carrying out an interference with wireless telegraphy authorised
10under this section.

(8) An authorisation under this section must be in writing.

2 Safeguards

(1) Before the appropriate national authority authorises an interference with
wireless telegraphy under section 1 it must be satisfied any equipment that will
15be used as a result of the authorisation is fit for the purpose.

(2) Where the appropriate national authority authorises an interference with
wireless telegraphy under section 1 it must inform the Office of
Communications.

(3) A person in charge of a relevant institution who is authorised to interfere with
20wireless telegraphy under section 1 must act in accordance with directions
given under this section.

(4) Where the appropriate national authority authorises an interference with
wireless telegraphy under section 1, it must give directions to the person so
authorised—

(a) 25specifying descriptions of information to be provided to the Office of
Communications;

(b) specifying intervals at, or occurrences on, which such information is to
be so provided;

(c) as to the circumstances in which the use of equipment for the purposes
30of an interference with wireless telegraphy authorised under section 1
must be modified or discontinued (and, in particular, directions aimed
at ensuring that the authorised interference will not result in
disproportionate interference with wireless telegraphy outside the
relevant institution).

(5) 35The appropriate national authority may give such other directions to a person
mentioned in subsection (4) as it considers necessary or desirable for the
purposes of this Act.

(6) A direction under this section must be in writing.

3 Retention and disclosure of information obtained under section 1

(1) 40Information obtained by virtue of section 1 must be destroyed no later than 3
months after it was obtained unless the person in charge of the relevant
institution has authorised its retention.

(2) The person in charge of a relevant institution may not give an authorisation
under subsection (1) unless satisfied—

Prisons (Interference with Wireless Telegraphy) BillPage 3

(a) that the retention of the information is necessary on one or more of the
grounds specified in subsection (8), and

(b) that the retention is proportionate to what is sought to be achieved by it.

(3) Where information is retained under subsection (1) the person in charge of the
5relevant institution must review, at intervals of not more than 3 months,
whether its retention remains in accordance with that subsection.

(4) If, on a review under subsection (3), the person in charge of the relevant
institution is not satisfied that the retention of information remains in
accordance with subsection (1), that person must arrange for the information
10to be destroyed.

(5) Information obtained by virtue of section 1(2)(b) may be disclosed to—

(a) an officer of the relevant institution;

(b) an employee authorised for the purposes of this section by the person
in charge of the institution;

(c) 15the Secretary of State;

(d) if the relevant institution is in Scotland, the Scottish Ministers.

(6) Information obtained by virtue of section 1(2)(b) may not be disclosed to any
other person unless the person in charge of the relevant institution has
authorised its disclosure.

(7) 20An authorisation under subsection (6) may be given only where the person in
charge of the relevant institution is satisfied that—

(a) the disclosure is necessary on one or more of the grounds specified in
subsection (8), and

(b) the disclosure is proportionate to what is sought to be achieved by it.

(8) 25The specified grounds are—

(a) the interests of national security,

(b) the prevention, detection, investigation or prosecution of crime,

(c) the interests of public safety,

(d) securing or maintaining security or good order and discipline in the
30relevant institution,

(e) the protection of health or morals.

(9) An authorisation under this section must be in writing.

4 Interpretation

(1) In this Act—

(2) In this Act reference to the person in charge of a relevant institution is—

(a) 5in relation to a prison, its governor or, in the case of a contracted-out
institution in England, Wales or Scotland, its director;

(b) in the case of a young offender institution or a secure training centre in
England or Wales, its governor or, in the case of a contracted-out
institution, its director;

(c) 10in the case of a young offenders institution in Scotland, its governor or,
in the case of a contracted-out institution, its director.

(3) For the purposes of subsection (2) an institution is “contracted-out” if—

(a) in England or Wales, it is a contracted out prison within the meaning of
Part 4 of the Criminal Justice Act 1991 (see section 84(4) of that Act);

(b) 15in Scotland, it is a contracted out prison within the meaning of Chapter
2 of Part 8 of the Criminal Justice and Public Order Act 1994 (see section
106(4) of that Act);

(c) in the case of a secure training centre in England or Wales, it is provided
or run in accordance with a contract made under section 7 of the
20Criminal Justice and Public Order Act 1994.

(4) In this Act “traffic data” means data—

(a) which is comprised in, attached to or logically associated with a
communication (whether by the sender or otherwise) for the purposes
of a telecommunication system by means of which the communication
25is being or may be transmitted, and

(b) which—

(i) identifies, or purports to identify, any person, apparatus or
location to or from which the communication is or may be
transmitted,

(ii) 30identifies or selects, or purports to identify or select, apparatus
through which, or by means of which, the communication is or
may be transmitted,

(iii) comprises signals for the actuation of apparatus used for the
purposes of a telecommunication system for effecting (in whole
35or in part) the transmission of the communication,

(iv) identifies, or purports to identify, the time at which an event
relating to the communication occurs, or

(v) identifies data as comprised in, attached to or logically
associated with the communication.

40The references in this subsection to a telecommunication system by means of
which a communication is being or may be transmitted include, in relation to
data comprising signals for the actuation of apparatus, any telecommunication
system in which that apparatus is comprised.

(5) Data identifying a computer file or computer program access to which is
45obtained, or which is run, by means of the communication is not “traffic data”
except to the extent that the file or program is identified by reference to the
apparatus in which it is stored.

(6) In this section “telecommunication system” has the same meaning as it has for
the purposes of the Regulation of Investigatory Powers Act 2000.

Prisons (Interference with Wireless Telegraphy) BillPage 5

5 Final provisions

(1) This Act extends to England and Wales and Scotland.

(2) Her Majesty may by Order in Council provide for this Act to extend with
modifications to any of the Channel Islands or the Isle of Man.

(3) 5Sections 1 to 4 of this Act come into force on such day as the appropriate
authority may by order appoint.

(4) In subsection (3) “the appropriate authority” means—

(a) so far as this Act extends to England and Wales, the Secretary of State;

(b) so far as this Act extends to Scotland, the Scottish Ministers.

(5) 10An order made under subsection (3) by the Secretary of State must be made by
statutory instrument.

(6) This Act may be cited as the Prisons (Interference with Wireless Telegraphy)
Act 2012.

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