Correctional institutions
The purpose and specific circumstances of the search must be recorded to
ensure subsequent reviewability and to preclude abuse. General statements
are not sufficient. It must always be stated why disrobement was required as
part of the body search under certain circumstances.
Currently the conduct of a body search is only documented and reported
to the prison warden if there is a suspicion that an administrative offence
has been committed, and a report must be made in this regard. Additional
documentation on its own form, as proposed by the NPM, is not required
under prison law in the opinion of the Federal Ministry.
Recommendation
rejected
XX
All body searches must be conducted with respect for the inmate’s sense of honour and
human dignity.
XX
Body searches involving disrobement must not be carried out in the presence of fellow
inmates.
XX
Body searches involving disrobement must be carried out in two stages so that the
person being searched need not be fully disrobed.
XX
The cause and nature of a body search involving disrobement must be documented in
writing.
2.5.6.3 Health-related data posted on inmate cell doors ViennaJosefstadt and Klagenfurt correctional institution
Posting health-related inmate data on inmate cell doors constitutes an
impermissible infringement of the basic right to the protection of privacy,
which is guaranteed in Article 8 ECHR and which includes a right to keep
personal data secret. This includes health-related data. Such data is considered
particularly worthy of protection under the Austrian Data Protection Act
(Datenschutzgesetz).
Vienna-Josefstadt
correctional institution
During a visit to Vienna-Josefstadt correctional institution in August 2016, the
NPM noticed that medical data was listed next to the inmate’s cell doors, right
below the name of the inmate. The NPM stressed that posting such notices on
inmate cell doors infringes the prisoner’s legitimate right to confidentiality.
Sensitive data disclosed
Moreover, posting health-related data can be considered degrading treatment
of the affected person because it informs third parties of the condition of the
inmate’s health without his or her consent. This can lead to ostracism and
stigmatisation. The NPM recommended that health-related data no longer be
posted on inmate cell doors in the future.
Threat of stigmatisation
The Federal Ministry assured the NPM that the ward commandant was notified
that this procedure is impermissible in any form. It promised to monitor
compliance.
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