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. 131

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