certificates requested formed part of the prisoner's medical record, they could only be communicated once the prefect had issued his opinion, as they concerned preparatory documents for an administrative decision in the meaning of Article L.311-2 of the Code governing relations between the public and the government departments (CRPA). In reply, the Chief Inspector drew the ARS' attention to the fact that this manner of proceeding, likely to violate prisoners' fundamental rights, was also legally questionable. Indeed, the Public Health Code does not provide for any restriction in patients' rights to access personal medical information. Moreover, the data featuring therein is, by essence, so personal to the person concerned that it seems legitimate for the latter to be able to access the documents as soon as they are written up – where applicable even before the government agency who wishes to make use of them. Lastly, Article L.311-2 of the CRPA must apply to the opinion of the ARS physician, providing as it does that "the opinions, provided for by legislative or regulatory texts, in light of which a decision is rendered on request tending to benefit from an individual decision to grant entitlement , are communicable to the person who made said request as soon as these opinions are sent to the competent authority for ruling on their request". Accordingly, the exception that this Article makes to the right to the communication of administrative documents does not appear to apply to persons detained in this context. The Chief Inspector has thus recommended that the ARS amend the procedures in place to enable communication of medical reports by any means ensuring the effectiveness of the transmission within a time limit useful to the procedures under way. The Chief Inspector is also, more generally, aware of the difficulties raised by prisoners' medical care and access to care, and of the absence of regulations in this regard. 4. On-site verifications Pursuant to the second paragraph of Article 6-1 of the amended Act dated 30 October 2007 instituting the Chief inspector of places of deprivation of liberty, “Where the facts or the situation brought to his attention fall within his jurisdiction, the Chief inspector of places of deprivation of liberty may carry out inspections, where necessary, on-site". The on-site verifications are conducted by the inspectors in charge of the referred cases. Inspectors in charge of missions can sometimes take part in an on-site verification when specific needs are involved (e.g.: verifications requiring the presence of a physician). As part of on-site verifications, inspectors visit any location required by the investigation to meet with any person and to receive any document under the sole reservations mentioned in Articles 8 and 8-1 of the Act of 30 October 2007 amended. The verifications can be carried out without prior notice or at short notice, particularly in order to allow the management to compile the documents requested by the CGLPL. The person who referred the case to the CGLPL may also, where applicable, be apprised of this verification and, to the extent possible, interviewed on site by the inspectors. The latter also take any steps which seem likely to increase their understanding of the case they have been referred, in order to gain as complete a picture of the situation as possible. All on-site verifications lead to a written report setting out the inspectors' findings and recommendations. The report is sent to the authorities concerned, who feed back their observations. 83

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