2011 Annual Report of the Interception of Communications Commissioner
“Communications which are subject to legal privilege are protected”
The systems and processes in place for identifying and monitoring prisoners who are subject
to offence related monitoring, intelligence-led monitoring or monitoring for other security /
control issues (i.e. Category A prisoners, Escape List prisoners, ad hoc and random monitoring)
are examined. The Interception Risk Assessment process and the authorisations in place for the
monitoring (if required) are scrutinised. My inspectors check that there are proper procedures
in place for reviewing the continuation of the monitoring of these prisoners’ communications.
“A legal obligation is placed upon the Prison Service to inform the prisoners, both
verbally and in writing that their communications are subject to interception”
The system in place for the recording and monitoring of telephone calls is examined, along
with the monitoring logs that are maintained by the staff conducting the monitoring. Similarly
the systems and procedures in place for the monitoring of prisoners’ correspondence (mail),
along with the monitoring logs that are maintained by the staff conducting this monitoring, are
examined. There must be a full audit trail in place in relation to all communications that are
intercepted.
The inspectors examine the procedures in place for the handling of legally privileged or confidential
communications. The provisions for the retention, destruction and storage of intercept material
are examined.
“There must be a full audit trail in place in relation to all communications that
are intercepted.”
The inspectors also examine the processes relating to the disclosure of material to Law
Enforcement Agencies to ensure they are fully aligned to the Police Advisors Section (PAS)
Operational Guidance Documents (OGD3 & 4).
Following each inspection a detailed report is prepared and this outlines inter alia what level
of compliance has been achieved with the rules governing the interception of prisoners’
communications. I read all of the inspection reports in order to discharge properly my oversight
functions. Where necessary, an action plan will accompany the report which specifies the areas
that require remedial action.
A traffic light system (red, amber, green) has been adopted for the recommendations to enable
prisons to prioritise the areas where remedial action is necessary. Any red recommendations
are of immediate concern as they mainly involve serious breaches and / or non-compliance
with Prison Rules and the NSF which could leave the prison vulnerable to challenge. The amber
recommendations represent non-compliance to a lesser extent, however remedial action
must still be taken in these areas as they could potentially lead to serious breaches. The green
recommendations represent good practice or areas where the efficiency and effectiveness of the
process could be improved.
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