Part I procedures used for image recordings of those facilities159 (hereinafter referred to as the PDR and PERC regulation), is understood by police officers as body search160. Article 5(2) of Annex 1 to the PDR and PERC regulation provides that a person admitted to and placed in the facility shall undergo a detailed security search in order to detect items referred to in Article 1(2). The search of the person and of clothes on him/her shall respect his/her intimacy and shall, whenever possible, be conducted by a person of the same sex. The words “clothes on him/her”, used in the regulation, indicate that a  police officer may conduct the security search without instructing the detainee to get undressed down to his/her underwear or take all clothes off. The need to ensure security to all detainees and police officers in the PDR is understandable, but such a far-reaching interference with people’s right to privacy may not take place without an appropriate legal regulation consistent with Article 31(3) of the Constitution of the Republic of Poland161. The CHR, on 10 July 2015, submitted an intervention regarding the urgent need to regulate the issue of body search by way of a parliamentary act162. In his reply of 12 August 2015163 the undersecretary of State in the MIA informed that work was ongoing on drafting the objectives of the new Act on the Police, which will regulate, inter alia, the issue of body search in the act. Having waited for the results of the works for nearly one year, the CHR, on 19 July 2016 164, submitted another intervention with regard to the issue. In his reply of 11August 2016165 the Minister of the Interior and Administration explained that the formula of drafting the Act on the Police was changed. As a result, the work carried out so far on drafting the objectives of the Act will now be replaced with drafting its specific provisions. He also pointed out that the planned amendments to the Act on the Police would be Dz. U. of 2012, item 638, as amended. PDRs in Aleksandrów Kujawski and Busko Zdrój. 161 Dz. U. of 1997, no. 78, item 483; Article 31(3) Any limitation upon the exercise of constitutional freedoms and rights may be imposed only by a parliamentary act, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Such limitations shall not violate the essence of freedoms and rights. 162  CHR’s general intervention of 10.07.2015 to the MIA, ref. no. KMP.570.36.2014. 163 Reply of the Undersecretary of State in the Ministry of the Interior of 12.08.2015, ref. no. BMP-07906-2/2015/MJ. 164 CHR’s general intervention of 19.07.2016 to the MIA, ref. no. KMP.570.36.2014. 165 Reply of the Secretary of State in the MIA of 11.08.2016, ref. no. BMP-0790-4-10/2016/MJ. 159 160 57

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