ACCESS TO IT FACILITIES (OPINION)
a circular issued by the Director of the Prison Authority (written in
two versions, one of which is “communicable” to detainees, the other
being “non-communicable”) dated 9th April 2009, and amended on
13th October that year. It sets out what prisoners are allowed to do
in terms of using computers, firstly in their own cell, and secondly in
communal areas. It defines the measures involved in supervising and
monitoring equipment and activities, and also what equipment can
and cannot be used.
4/ Firstly, the foregoing provisions are applied in ways that differ
widely from one place of detention to another. In particular, a number
of situations have been referred to the Contrôleur général des lieux
de privation de liberté in which a certain type of equipment could
be used in the cells in one prison but was not allowed in another;
a prisoner transferred from another establishment might find that a
particular peripheral, software program or data storage medium they
may have been using for a long time was then confiscated. We should
add that transportation charges covering computer equipment are
not paid by the authorities, in cases where its owner decides that this
equipment cannot be stored in the ordinary cardboard boxes used for
such transfers (regarding this point, see the opinion of the Contrôleur
général of 10th June 2010, concerning the protection of property of
persons deprived of liberty). Lastly, before the prisoner is released, this
computer equipment is “searched” and data is erased, by formatting
the hard disk: this formatting has already taken place (even though
these files are regarded as lawful) without the agreement of the
person concerned, even though this is required under section 6.3.2 of
the abovementioned general instruction.
Secondly, certain bans on computer equipment, which for example
may limit (drastically in relation to current standards) its capacity or
power (e.g. a maximum permitted storage capacity of 500 Gb for hard
disks) are in no way linked to the necessary security measures but
simply to the authorities’ ability to control their use or content. In
other words, the considerations prevailing over these restrictions are
not linked to the need to maintain order or to uphold the interests
of the persons concerned, but to the inadequacy of the authorities’
supervisory instruments.
Thirdly, while lending mechanisms have been introduced in some
establishments for equipment purchases, all too often the authorities
are linked to a single local supplier charging prices that are frequently
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