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Protecting Confidentiality of Incarcerated Persons' Communications with Attorneys

New rules aim to protect the privacy of electronic communications between incarcerated individuals and their legal representatives. This means the content of these communications will not be monitored, strengthening the right to defense and attorney-client privilege. Access to this data will only be possible in very limited, strictly defined circumstances, such as with a court warrant.
Key points
Prohibition on monitoring electronic communications between incarcerated persons and their attorneys, protecting their right to confidential communication.
Implementation of a new system or modification of existing ones to ensure unmonitored communication.
Access to retained communications only in exceptional circumstances, such as with a court warrant and after review by a U.S. Attorney to exclude privileged content.
Possibility to suppress evidence obtained in violation of these rules in legal proceedings.
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97%
VOTING RESULTS
2021-02-24
For 414
Against 11
Abstain 0
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Additional Information
Effective Assistance of Counsel in the Digital Era Act
Print number: HR 546
Sponsor: Rep. Jeffries, Hakeem S. [D-NY-8]
Process start date: 2021-01-28
Voting date: 2021-02-24
Meeting no: 1
Voting no: 36