Sobering-up stations
2. Regulations infringing constitutional standards (e.g. CCTV surveillance in soberingup stations).
In 2012, the Human Right Defender focused on the problem of installing
CCTV cameras in sobering-up stations and addressed a motion to the Minister
of Health146 pointing out that although the CCTV surveillance of the rooms at
the stations improves the safety of persons staying therein and helps prevent extraordinary incidents, it also limits the constitutionally protected right to privacy,
which may be limited only by means of an act of law. It should be noted that the
Anti-Alcohol Act does not contain any provision providing for the use of CCTV in
sobering-up stations. The Human Rights Defender requested for initiating a legislative process to stipulate legal standards concerning the use of CCTV in soberingup stations in an act and to introduce specific regulations in this area.
The Anti-Alcohol Act does not specify the authorities authorised to escort
inebriated individuals to the sobering-up stations, while this issue is regulated in
the Ordinance of the Minister of Health of 4 February 2004 on the methods of
escorting, accepting and discharging inebriated individuals and on organization
of sobering-up stations and other establishments created or indicated by a local
government unit147 (hereinafter: Ordinance on sobering-up stations). The Constitution requires that all elements which interfere with the right to personal freedom
should be laid down in an act.148
6.3 Strengths and good practices
The fact that some local authorities run establishments which, apart from
the sobering-up function (sobering-up stations sensu stricto), carry out additional
preventive, informative, medical, care or educational activities is worth noting and
recommending.
Such an establishment operates in Opole. The rules of procedure of the Centre
list running a sobering-up station as one of its tasks. Other tasks include the provi Motion of 28 August 2012 RPO-638402-VII-7013/12/JJ, http://www.sprawy-generalne.brpo.gov.
pl/szczegoly.php?pismo=1667005.
147
Dz. U. No 20, item 192, as amended.
148
Article 11(1)(7) of the Act of 29 August 1997 on gmina guards (Dz. U No 123, item 779, as amended)
stipulates that “the tasks of the guards shall in particular include escorting intoxicated persons to a soberingup station or to the place of their residence when the latter commit an immoral act in a public place, are in
a life or health threatening situation or threaten the life or health of other people”. Act of 6 April 1990 on the
Police (Dz. U. of 2011, No 287, item 1687, as amended) does not provide for similar powers of the Police.
146
71
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