Prisons and wider criminal justice systems have continued to invest in building their digital capacity, accelerated by need in the context of the COVID-19 pandemic.
In a context where digital literacy is recognised as critical to development and following the UN’s recognition of it as a human right in 2016, there is a growing trend to improve digital literacy among people in prison. People being released from prison must be equipped with the digital skills required to reintegrate into their communities to access social security, jobs, healthcare, and insurance, among other things. Moreover, the pandemic has driven even more parts of daily life online.
In response, new initiatives have been ramped up over the past year to improve digital literacy in prisons in many countries. For example, a prison in the state of Bihar, India, launched a digital literacy campaign involving over 500 people in prison to teach them how to operate computers and other digital devices to browse the internet, receive emails and make online payments. Similar efforts are underway in the state of Kansas, US, where digital literacy programmes are being designed for women in prison to equip them with the digital skills required to apply for jobs and enable a smooth transition upon release.
There is a growing trend around the world to improve digital literacy among people in prison in recognition of the importance of digital skills for all aspects of life.
Digital literacy is more and more required for daily life, also in prison, with technologies being implemented in an increasing number of aspects of prison regimes, including rehabilitation, contact with the outside world, and healthcare. For instance, in England, telemedicine has been rolled out in prisons nationally, albeit with some delays owing to security concerns, approval for the tech solutions and inadequate secure internet connections. Together with NGOs, one prison in Lebanon installed a digital health monitoring system and a remote psychological clinic in one prison. Thailand has also made available a telepsychiatry system in 60 prisons and correctional institutions, and in 2021, 3,359 people in prison had used the services.
Many countries lag behind in providing access to the Internet in prisons. Technological infrastructure and a dire shortage of resources are common in low-income settings, but in others Internet bans are in place in prisons on the grounds of security. In France, such a policy has come under criticism by the Inspector General of Prisons who recommended it be overturned on the grounds that many rights are precluded such as accessing legal information.
Canada also retains a ban on Internet access in prisons, although a recent change now allows defendants without legal representation access for legal purposes, albeit under supervision and limited to a specified time period. It has also been reported that under these conditions the authorities have not been able to grant all requests for such access. The European Court of Human Rights weighed in on the debate in a 2021 case against Turkey. The Court found that while prison authorities can legitimately restrict access to certain sites, they had violated the right to access information by refusing the pre-trial detainee access to websites of the European Court of Human Rights, the Constitutional Court and the Official Gazette, for the purpose of preparing his defence.
The complex nature of introducing technology in prisons raises ethical, human rights and practical challenges, including concerns around privacy.
Programmes to prepare people in prison for employment in the ever- expanding tech sector upon release are on the increase in some areas of the world. In 2021, a prison in Guyana organised a 12-15 weeks long digital skills training for 15 men and 15 women on web design, development and foundational word processing tools. Prisons in Netherlands, Spain, Portugal and Romania have implemented programmes like ‘Coding Out’, which teaches computer programming skills and facilitates job placements in software development after release, and the TRIANGLE project for youth in closed settings, which aims to help them develop a personal digital portfolio.
The trend towards smart prisons and in-cell technology has taken off, especially in high-income countries, with more prison services digitising facilities aiming to improve security, efficiency and access to services and rehabilitation opportunities. For instance, under the ‘Smart Prisons Project’ in Finland, a prison was opened in 2021 had all cells equipped with a laptop and system that can be used to contact prison staff, healthcare services and partner NGOs; to make video calls; and to access the Internet for the limited purposes of study, online shopping and managing daily affairs. Similar projects are also underway in Turkey, where a pilot scheme in a woman’s prison in Ankara to integrate smart tech aims to enable prisons with touch screens linked with biometrics that will connect detainees with services they need without relying on staff. Kazakhstan has also introduced a range of digital measures including an online store to be accessed by people in prisons and their families and has established electronic terminals in prisons which people can use to submit requests, complaints and appeals to the various internal monitoring bodies.
Owing to the complex nature of introducing such technology in prisons, ethical, human rights and practical challenges remain. For example, user-pay schemes, as seen in the state of Oklahoma in the US, have resulted in significant costs for people in prison to access legal books, college classes, music and to even communicate with families through tablets provided. This has compounded fears that the shift to digital technologies at the cost of paper-based systems like law libraries and postal mail will negatively impact those in prison.
Human rights concerns, particularly with proportionality and privacy arise with the increase in technologies to scan and monitor the behaviour of detainees. For example, in Australia surveillance in one prison is intended to be tied to digital privileges for individuals who practice ‘acceptable social behaviour’. On the other hand, there may be some benefits in using such technology, such as to monitor health, as used in an Australian facility and in Hong Kong, where electronic bracelets enable the monitoring of vital signs and location, reducing risk of self-harm and alerting staff when medical care is required. Improving safety of staff and detainees is also driving the use of advanced security systems. In Thailand, for instance, there is a pilot project underway involving the use of body cameras, CCTV with facial recognition and use of artificial intelligence to prevent abuse in custody.
There is a growing shift from legacy systems to digital technologies for prison and case management in criminal justice systems. With the support of UNODC, 52 prisons in Bolivia have moved to automated records of people in prison, aiming to improve coordination among different bodies working on issues relating to prisons. China’s Jiangsu province is working on using blockchain technology to manage prisons by setting up an integrated online platform incorporating more than 800 functions and 1200 procedures. In light of overcrowding and under-resourced prisons, Pakistan’s federal ombudsman directed the integration of the biometric identification system with the criminal justice departments to improve efficiency and coordination. India is in the process of setting up an Integrated Criminal Justice System, which will link the police, courts and prisons on one platform to facilitate real-time information exchange, including ‘FASTER’, a new electronic system to transfer e-authenticated copies of bail orders to prisons to enable immediate release.