Annual Report 2013 of the National Preventive Mechanism On examining the personal records it was verified, firstly, that it is ensured that complaints of inmates are attended within the interpretation possibilities of legislation in force and that fast answers are given to requests and complaints. Regulation of the use of mobile phones Telephone communication system safeguarding the right to privacy 86 79. At the various EDM visited by the NPM various practices were verified relating to the use of mobile phones by inmates. Thus, at EDM Norte, their use was authorised by way of exception particularly to communicate with countries of South America. At the EDM of Tenerife, their use is authorised when booths are not working or by way of exception; calls are made at the leisure room of security officers and the phone is delivered switched off when the call ends. At EDM Centro, access is permitted for the mere purposes of consulting the numbers on the directory. In turn, article 10.2 of Ministerial Order 97/1993 establishes that communications must be made through the switchboard operator. Accordingly, the Book of Internal Regulations should specify that the mobile phone may be accessed, at least, for the interested party to obtain the numbers kept in the phone even if the call is later made through the switchboard operator. This also occurs in exceptional cases authorised by the superior or due to breakdown of the telephone switchboard. Also, during the visit to EDM Centro it was verified that the technical system, in which telephone calls are made through the switchboard, might not preserve the privacy of such calls, if the switchboard operator so wishes. Accordingly, a communication system should be established that duly safeguards privacy in the communications. In both cases, the Ministry for Defence reported that it was waiting for the report of the legal services, on the legislative amendment to the Book of Internal Regulations, and that a change of legislation should be considered to regulate telephone communications for the purposes of compliance with the recommendation made by this Institution.

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