19 December 2012
13.Section 1 provides for the authorisation of interference with wireless telegraphy for the purpose of preventing, detecting or investigating the use of electronic communications devices (including mobile telephones) within prisons and similar institutions.
14.Subsection (1) provides that the appropriate national authority, which is defined in section 4(1) as the Secretary of State in relation to an institution in England and Wales and the Scottish Ministers in relation to an institution in Scotland, may authorise the person in charge of a relevant institution to interfere with wireless telegraphy. ‘Relevant institution’ means a prison in England, Wales or Scotland, a young offender institution in England or Wales, a young offenders institution in Scotland, and a secure training centre in England or Wales (section 4(1)). The person in charge of a relevant institution is, in relation to England and Wales, the governor of a prison, young offender institution, or secure training centre or, where the prison, young offender institution or secure training centre has been contracted out, the director of that institution (section 4(2)). In relation to Scotland, the person in charge of a relevant institution is the governor or, where the institution has been contracted out, the director of a prison or young offenders institution (section 4(2)).
15.Subsection (2) provides that an interference with wireless telegraphy authorised under subsection (1) may be carried out only for the purpose of preventing the use within the institution of an item specified in subsection (3) or detecting or investigating the use of such an item. The specified items are devices capable of transmitting or receiving images, sounds or information by electronic communications. This includes mobile telephones as well as other devices which are capable of accessing the internet or are otherwise capable of sending or receiving data. The specified items also include any component part or article designed or adapted for use with electronic communications devices.
16.Subsection (4) provides that the interference with wireless telegraphy that may be carried out in accordance with subsection (2) for the purpose of detecting or investigating the use of the specified items is for the collection of traffic data in relation to an electronic communication. The term ‘traffic data’ is defined in section 4(4) and (5) and includes data which is comprised in, attached to or logically associated with an electronic communication and which identifies the person or apparatus or location to or from which the communication is transmitted; identifies apparatus through which the communication is transmitted; or identifies the time at which an event relating to the communication occurs. It does not include the content of the communication.
17.Subsection (5) and (6) makes lawful for all purposes:
an interference with wireless telegraphy that is authorised under subsection (1) and is carried out in accordance with subsection (2) and any direction given under section 2;
the retention, use or disclosure of any traffic data, collected as a result of any such interference with wireless telegraphy, which is carried out in accordance with the Act.
18.Subsection (7) provides that section 8(1) of the Wireless Telegraphy Act 2006 does not apply in relation to anything done for the purposes of carrying out an interference with wireless telegraphy authorised by this section. The effect of this is that a licence granted by the Office of Communications (OFCOM) is not required for the installation and use of equipment to interfere with wireless telegraphy in accordance with section 1 of the Act.
19.Any authorisation under section 1 must be in writing (subsection (8)).