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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