IPCO Annual Report 2018

Communications Data
14.22

The ability to access communications data (CD) is limited to HMPPS Headquarters. We
have inspected the acquisition of CD for the purposes of internal investigations, including
corruption prevention. The methodology for obtaining CD has changed under the IPA: all
requests for CD made by individual prisons are processed by the SPoC unit at HMPPS and,
from 2019, are approved by the OCDA. From our inspections in 2018, we are satisfied that
the applications being made are necessary and proportionate. In the future, the oversight
function provided by OCDA will enable us to establish have a high level of confidence in the
consistency of these requests.

Wireless telegraphy
14.23

Prisons also have the power to conduct operations under the Prisons (Interference with
Wireless Telegraphy) Act 2012. This permits the interference with illicit communications
equipment within prisons; this action would enable prisons to identify, and to some extent
track the usage of, mobile phones used to support illicit and criminal activity within the
prison. The objective is to identify and prevent illicit communications. HMPPS is progressing
a programme of work to update the technologies used in this area, which will enable more
efficient and proactive detection.

14.24

We have reviewed the use of these techniques and are satisfied that they are being used
appropriately although, as in other areas, the standard of documentation across the prisons
estate is inconsistent. Where the use of mobile phones is detected within an establishment
but the device has not been seized, the prison may apply to a court under the Serious
Crimes Act 2015 for a Telecommunications Restriction Order. A Telecommunications
Restriction Order allows the prevention or restriction of use of communications devices
in prisons by ordering mobile network operators to remotely blacklist handsets and
disconnect SIM cards inside prisons. We inspect the records of this activity at each prison
and are satisfied that this technique is being used appropriately.

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