(f)
ensure that persons engaged in the acquisition and disclosure of data are
adequately trained and are aware of the relevant parts of the legislation.
25. After the early teething difficulties the Inspectors found on the whole that
the standard was good. Inevitably there were some failings. Full reports were
prepared, together with Action Plans with recommendations. These Reports are
forwarded to the relevant Chief Constable. In every instance, the Reports have
been welcomed and the Action Plans and recommendations have been accepted.
Acquisition of data by Local Authorities and other
Public Authorities
26. As indicated in paragraph 8 above 475 Local Authorities are empowered to
obtain communications data, of whom only 124 are making use of their powers,
and of the 108 other public authorities, only 26 are using their powers. I am
concerned that so many authorities who applied for the powers to be given to
them, apparently do not use them and I do not know why this is so. It may be that
they have not as yet set up appropriate mechanisms to obtain communications
data, but if this state of affairs continues unexplained, then consideration must be
given to removing the powers from them.
27. Inspections have taken place of all those authorities that are making
significant use of their powers. Inevitably, the results have to an extent been
variable. On the whole, however, we have been impressed by the systems in place
and by the fact that the applications are being made in accordance with the law
and the draft Code of Practice. The objectives of the inspections are broadly
similar to those with police forces.
28. Following the inspections, full Reports together with Action Plans have been
sent to the Local or Public Authority concerned. They have been welcomed, and
the recommendations accepted.
Interception in Prisons
29. Interception of communications (mail and telephone communications) in
prisons is permitted, and in many cases is mandatory, under the Prison Act 1952,
and the National Security Framework (NSF). Interception is mandatory primarily
in the case of Category A prisoners, and prisoners who have been convicted of
sexual or harassment offences, and continue to present a risk to the public. So far
as Category A prisoners are concerned, this presents a problem in many prisons,
because they do not have the resources to monitor all the telephone
communications.
30. Interception is illegal and a breach of the Human Rights Act unless it is
carried out in accordance with the Act and the NSF.
31. There are three primary areas of inspection:
●
the methods utilised for the interception of telephone and postal
communications to ensure that the interception is being carried out lawfully;
●
a physical inspection of the interception of telephone communications and
the equipment utilised;
●
a physical inspection of the arrangements for the interception of postal
communications.
32. Compliance with these requirements varied from prison to prison but it is
fair to say that since the introduction of the inspection regime, the Prison Service
has made strenuous efforts to ensure that there is compliance. Again, at the
conclusion of each inspection, a Report and an Action Plan has been sent to the
Governor of the prison concerned. These have been accepted, and subsequent
inspections have shown considerable improvement. I am reasonably confident
7