asked the Minister for Communications if his intention has been drawn to the concern being expressed with regard to the ease with which eaves-dropping on conversations over car telephones can take place; whether he proposes to amend legislation to deal with this matter; and whether systems are in place to ensure that security breaches do not take place arising from the use of such phones by key personnel in public life or State services.
Written Answers. - Car Telephones.
11.
I am aware that it is possible in certain circumstances to overhear conversations being transmitted by means of Eircell, the public cellular radio telephone system. The position is that any radio system is liable to the overhearing — deliberate or accidental — of messages passed. Overhearing on the Eircell system generally requires the use of frequency scanners. Such equipment is expensive and only specialists would tend to have it. Even with the use of a scanner, individual Eircell sets or conversations cannot be targeted for listening in to because of the nature of the Eircell system and I do not accept that eaves-dropping can be carried out with ease.
It is illegal under the Postal and Telecommunications Services Act, 1983, for anyone to intercept, without the agreement of both parties concerned, telephone calls being made over the public mobile radio telephone system or to disclose the existence or content of any telephone call which has been intercepted. Listening in to or acquiring by any means the substances or purport of an Eircell telephone call without the consent of both parties to the call would constitute interception. Offenders are liable on summary conviction to a maximum fine of £800 and/or a maximum of 12 months imprisonment or on conviction on indictment to a fine of up to £50,000 and/or imprisonment for up to five years.
The Wireless Telegraphy Acts provide that no person shall improperly divulge the contents of radio transmissions. The penalties for this offence are a fine of up to £10 and/or imprisonment for up to one month upon summary conviction. Conviction on indictment carries a penalty of up to 12 months imprisonment. However, since, unlike interception of telephone calls on a wired system, interception of calls on a radio system is a passive activity, detection of such offences is difficult.
In the light of these existing legislative provisions I have no plans to introduce new legislation to deal with eaves-dropping on car telephone conversations.
One solution to the problem of overhearing is encryption of the conversation. Encryption requires the use of special equipment by both the person making the call and the person being called and the decision to use such equipment is a matter for individual users of Eircell. However encryption devices vary in effectiveness and would require each end of the call to have identical devices. Another solution of course is the use of discretion when security or sensitive matters are being discussed over any radio system particularly when there is a general awareness that radio conversations can be overheard.