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(This note is not part of the Rules)
These Rules amend the Young Offender Institution Rules 1988.
Rule 4 substitutes a new rule for the existing rule 10. In substance it re-enacts the provisions of rule 10. However, it makes it clear that restrictions and conditions may only be placed on communications if they are not incompatible with the convention rights of any person (rule 10(2)).
New rule 11A makes provision for the interception of inmates' communications (rule 5). This rule and new rules 11C and 11D implement, in relation to telecommunications in young offender institutions, article 5 of Council Directive 97/66/EC concerning the processing of personal data and the protection of privacy in the telecommunications sector(1).
The amendments also provide that a log of all communications by or to a prisoner may be kept (new rule 11B).
They also make provision for the disclosure of any intercepted material, information relating to the communications or material obtained by means of an overt closed circuit television system used during a visit (new rule 11C).
New rule 11D provides for the retention of intercepted material and material obtained by means of an overt closed circuit television system used during a visit.
New rule 49B provides that a governor may place an inmate under constant supervision by means of an overt closed circuit television system if he considers it is necessary on specified grounds and is proportionate to that end (rule 6).
Amendments are made to rule 71A (the power to prohibit a person visiting an inmate or a young offender institution) to clarify the grounds on which prohibitions may be imposed (rule 7).
OJ No. L 024, 30.01.98, p.1.
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