whoever wanted to present a complaint. The situation was promptly eliminated, after a
statement from the Ombudsman.(59)
A related issue was felt at a public hospital, whenever someone asked the cession of a
wheelchair. For that purpose, the hospital asked for the delivery of the citizen’s ID card,
thus being retained until the return of the wheelchair. As this behaviour is expressly forbidden by law, the Ombudsman stated to the hospital the unlawfulness of this conduct,
an alternative mean of guaranteeing the return of the loaned public equipment being
advisable.
Putting into a colliding course the right to access to information and the right to privacy, the situation of the extent, for a defendant in a police file to have access to the full
text of the denunciation that led to it, including the name and address of the plaintiff,
was subjected to the appreciation of the Ombudsman. In the actual situation leading to
the complaint to the Ombudsman, the accused retaliate the accuser. After hearing the
police body involved, the Ombudsman concluded its actions were supported by the open
administration principle. However, it was recommended that some guidelines should be
studied, in order to prevent the access to individual data and further harassment of their
holder.(60)
1.2.7. Autonomous Regions
All procedures concerning public entities located at the Autonomous Regions of
Azores and Madeira – whatever their subject - are treated, in the main, by two collaborators of the Ombudsman, designated for their analysis, integrated in the thematic unit
responsible for the complaints concerning Right to Justice and Security.
1.2.7.1. Office at the Autonomous Region of Azores
During 2016, 93 cases were opened. Nevertheless, during that same period of time,
179 procedures were instructed (86 of which carried over at the end 2015).
Between 2011 and 2015, respectively, 82, 127, 70, 93 and 88 procedures were opened.
Taking as reference the year 2016, 26 procedures were completed, 15 of which opened
in that same year.
Of the 26 closed procedures:
– 7 cases (26,9%) the illegality or injustice was repaired during the instruction;
(59) Complaint Q-1545/16.
(60) Complaint Q-0004/15.
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