concerning the risk of theft of equipment for which they remain responsible 119. There is no Wi-Fi access. An IT workstation connected to the Internet is accessible in the activity area, during opening times, for a quarter of an hour per patient. No restriction of communication was reported. Within another institution in the Paris suburbs, the patients may, on medical authorisation, use a personal computer and a 3G mobile broadband connect card. They may also use the Internet within the framework of a therapeutic IT workshop. The accomplishment of personal formalities via the Internet is also possible through the intermediary of the institution’s social welfare officer. Finally, although computers are taken away on arrival, in one unit visited an exception was made for students, in order to enable them to continue to follow their courses. In view of the liberty of expression and communication guaranteed by article 11 of the Declaration of the Rights of Man and of the Citizen, the prohibition of possessing a computer and accessing online services cannot have a general character. The CGLPL considers that access to IT and the Internet should be encouraged in public mental health institutions. Moreover, the question was referred to the CGLPL of control of the contents of the personal computers of patients hospitalised without their consent. In this regard, it is recalled that persons suffering from mental illnesses have the right to respect of their private life and infringements of this right should be necessary and proportionate. In a hospital, “searches” of hard disks can only be viewed as necessary with regard to the person’s health (serious harm to the patient’s health, to their course of therapeutic treatment or to the health and safety of other patients) and the prevention of criminal offences 120. Furthermore it should be proportionate, that is to say that the intrusion should not be excessive in relation to the previously defined disorder. Freedom of Movement Even when the layout of the premises allows, patients committed to treatment without consent can only go out at certain times of the day, in accordance with the orders left by their doctor. In one closed unit in the Paris region, both patients committed without consent and patients voluntarily admitted for treatment are affected by the restrictions placed upon autonomy, the latter having to make a request for the department door to be opened if they wish to go to the cafeteria or the grounds. On their return, they ring the bell in order to alert the staff to open the door for them 121. Although these restrictions may be understandable from a therapeutic point of view, strict application thereof may prove contrary to the objective of social rehabilitation. These obstacles may be illustrated by two examples observed in a specialised institution in Île-de-France. One patient complained of only being able to meet his cousin in the grounds from time to time, due to the latter’s hours of work and the times at which he was permitted to go out, which he had not been allowed to change. During a party open to all on the grounds, another patient regretted having to go back to the unit in order to comply with the requirements of the timeslots imposed 119 In this respect the CGLPL considers that it would be useful to install safes or small metal lockers with keys or padlocks in the rooms, in order to prevent thefts between patients. 120 However, doctors have no role with regard to cracking down on criminal offences. If evidence leads them to believe that a patient has files in their computer coming under the definition given by article 227-23 of the Penal Code (Code pénal), it is incumbent upon them to refer the matter to the competent member of the national legal service. 121 On the consequences of the closing of psychiatric hospital units for "freely-admitted" patients, see the opinion issued by the CGLPL on 15th February 2011 concerning certain methods of compulsory admission to hospital, published in the Journal officiel de la République française on 20th March 2011. 138

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