ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES The sensitivity of information (right to privacy and confidentiality of personal information) is recognised by Rule 9, which implies that access to information in the prisoner file should be on a strictly need-to-know basis. The participants noted cases in which prisoners’ safety was in jeopardy or prisoners were even killed after information about their offence became known to other prisoners. They therefore stressed that the files need to be kept in a location where they cannot be accessed by prisoners or any unauthorised persons. The Essex group recognised there may be a tension between implementing a dynamic security approach and upholding confidentiality of prisoners’ files. It was suggested that access to the entire file could be limited to certain prison staff (e.g. more senior staff or wing leaders), who could share the necessary information with their peers, including during staff meetings. The UN Beijing Rules were mentioned as possibly providing additional guidance. Rule 21 states that access to the records of juvenile offenders must be limited to persons ‘directly concerned with the disposition of the case at hand or other duly authorized persons’. Medical confidentiality The Essex group considered how the principle of medical confidentiality is to be reconciled with the need to disclose information to prison staff pertaining to a prisoner’s mental health status, bearing in mind the requirements of Rule 5(2).90 Especially following a disciplinary offence, it would be counter-productive to withhold such information from prison staff and it might also be inconsistent with Rules 39(3) and 1.91 The experts noted that information on a prisoner’s mental health is crucial for prison staff to fulfil their duties (including providing safety and security), but not all medical information needs to be shared. Rather, information can be shared by health-care personnel with prison staff on a needto-know basis, e.g. potential issues should be flagged to staff so they can recognise a connection between a prisoner’s behaviour and mental health problems. Similarly, the experts held that a common-sense approach will greatly help staff to assess behavioural patterns and will indicate behaviour that may be a result of mental health problems. Such cases must be referred to a health-care professional. The Essex group recalled Rule 8(c) which requires that information related to behaviour and discipline be recorded in the prisoner file. à S ee also Chapter 5 for restrictions, discipline and sanctions and Chapter 4 for health-care Comprehensive personal data Rule 7 lists the following information to be entered in the prisoner file management system upon admission of every prisoner: Rule 5 (2) ‘Prison administrations shall make all reasonable accommodation and adjustments to ensure that prisoners with physical, mental or other disabilities have full and effective access to prison life on an equitable basis’. 90  Rule 39 (3) ‘Before imposing disciplinary sanctions, prison administrations shall consider whether and how a prisoner’s mental illness or developmental disability may have contributed to his or her conduct and the commission of the offence or act underlying the disciplinary charge. Prison administrations shall not sanction any conduct of a prisoner that is considered to be the direct result of his or her mental illness or intellectual disability’; Rule 1 ‘The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times’, which inherently includes protection from suicide and self-harm. 91  Penal Reform International and the Essex Human Rights Centre | 30