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1. PRISON MANAGEMENT
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Risks to the prisoner or to their family members may be particularly acute in gang-related
cases, high-profile cases or those where the prisoner is accused or convicted of particularly
egregious crimes. Risks may also be particularly high for those prisoners who have previously
been victims of ill‑treatment, including sexual abuse.
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In addition to the risk of violence and retaliation, if sensitive information about a prisoner
becomes known to unauthorized persons, there is the danger that prisoners can become
stigmatized or ostracized. Such reactions can come from staff members as well as from other
prisoners, and may be based not only on the crime or alleged crime of the individual, but also
on the personal background or social status of an individual.
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The confidentiality of information is particularly important in relation to behaviour and
discipline, requests and complaints if a prisoner has alleged that they have been subjected
to abuse by another prisoner or staff member, and also where records identify her/him as
a witness to such abuse.
PROMISING PRACTICE: SECURITY OF PRISONER INFORMATION IN CANADA [1.4]
The online offender management system in
Canada locks information once it has been
entered, ensuring that information in the
file cannot be tampered with. If a prisoner
believes that there is an error or omission in the
information collected, he or she may request that
the information be corrected. If an inaccuracy,
error or omission in the file is confirmed, then
a staff member enters the new information,
indicating at the beginning of the report the date
the information has been changed, the date of the
original report, what is being changed, the reason,
by whom and the name of the supervisor who
approves the changes. The original information
in the file is not changed but the corrected
information is inserted in capital letters directly
below the original. The hard copy of the file is
replaced with the corrected or updated version
and a copy of the corrected report is provided
to the prisoner.19
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Who should register, access and use the files
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Managers and staff must be aware of the importance of good prisoner file management,
and relevant staff should be properly trained in how to file information, including issues
of confidentiality. Staff must receive updated training on any changes to the filing system.
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Only staff that have been trained and authorized to use prisoner file systems should be
allowed to access and use the files. In many facilities there will be staff members who are
specifically responsible for creating and maintaining files and registers.
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Access to information in the prisoner file should be on a strictly “need-to-know” basis.
This could mean that only designated staff are able to access the entire file or that staff can
access only parts of the file that are relevant to them.
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Decisions regarding who should access what type of information about particular prisoners
will differ from one jurisdiction to another. In some countries prison staff do not know the
crimes committed by prisoners, whereas in others it is deemed important that they know
such information in order to improve dynamic security approaches. In all cases, the safety
and privacy of the individual needs to be respected.
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It should be possible for prisoners to request updates to the information in their file, as well
as the correction of false information in their file.
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Prisoners may want access to their files for different reasons, including to check the accuracy
of the information, to check on their legal status, including upcoming court dates, sentence
length and due release date, or to find contact details for their lawyer and family members.
They may also wish to access their files in order to submit requests or complaints, or any
other matter of personal concern. If they wish to do so, prisoners should be allowed to take
copies of their files with them when they attend court hearings (see Rule 53).
19. See: Annex B: Commissioner’s Directive on Information Sharing, Correctional Service Canada, 26 May 2016.
Guidance document on the Nelson Mandela Rules
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