the substance of decisions: what further restrictions, on aliens since 19851 and what specific legal provisions Spaniards freely to enter and leave Spain. if any, had been placed governed the right of 169. In his reply, the representative said that there was no automatic suspension of an expulsion order but, in practice, there was a high percentage of suspensions of expulsion orders. Actions taken under the Aliens Act were subject to review by the courts and must neither be unreasonable nor disproportionate. The Act itself was currently under review in the Constitutional Court. Spaniards did not require passports in order to enter and no one could be denied a paosport exaept for or leave the country, on political grounds had been abolished. criminal reasons. Travel restrictions 170. With regard to that issue, members of the Conunittee wished to know whether the possibility of drafting legislation relating to data processing was being actively pursued by tbe Government; whether it was intended to maintain legislation permitting telephone tapping in cases of suspected terrorism; what was the difference in application of the law on house searches as between the public at large and persons suspected of engaging in terrorist activitiesr and what was the legal basis for considering the act of insulting the flag as an offence. 171. In his reply, the representative noted that under the Constitution the use of data processing had to be limited so as to yuarantee the honour and personal and family privacy of citizens and the full exercise of their rights. Spain had ratified the European Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. Several legal measures had been taken for the protection of privacry, and a specific bill on data processing was also currently under consideration. A decision by the Minister of the Interior to authorize telephone tapping had to be communicated to a court. together with the grounds on which it was taken, and the court had to confirm or reject that authorisation within 72 hours. The Criminal Prosecution Act provided that the police could, on their own authority, arrest a person found in who had taken refuge in his home, which could be entered for that purpose. Persons suepected of terrorist activities could be arrested at any place of refuge, Homeswere sometimes searched, in cases involving major drug offences, for example, in the presence of a judge, who directed the operation. 172. With reference to that issue, members of the Committee wished to know what procedure existed for determining whether conscientious objection on grounds of belief was genuiner whether the duration of alternative service was the same as that of military servicer whether churches, faiths and religious communities were ever refused registration, and if so, for what reason&~ why the penalty for absence without due cause for over three consecutive days from the place where alternative social service was to be performed could be as much as six year I’ imprisoumentr and why a person who had begun military service was compelled to continue his service if his conscience no longer permitted him to do SO. -42-