Moreover, it was recommended to assign all activities related to direct care of
women escorted to the station to female personnel only (Racula near Zielona Góra,
Koszalin); it was also recommended to remove the camera from the dressing room
(Koszalin, Inowrocław). The head of the station at Koszalin, answering the
recommendation, informed that it had already been dismantled.
At the sobering-up station in Wrocław the visitors recommended to install a
curtain at the entrance to the toilet, allowing for more intimacy to a person who
alleviates his/her physiological needs. During the visit at that station it was also
established that on the basis of Article 41 paragraph 4 of the Act83, the station took
some assets (especially mobile phones) as a pledge against payment of the fee. The
practice of taking mobile phones together with SIM cards as a pledge has been
considered illegal by the Chief Inspector for Personal Data Protection (GIODO)
because it makes possible access to personal data by the station’s staff while they are
not authorised to process such data, and therefore, they are infringing the right to
privacy of the patient. Therefore, the visitors recommended to give up the practice of
taking mobile phones as a pledge. The station’s Director presented to the visitors a
letter by GIODO saying that if mobile phones are taken together with their memory
card from persons escorted to the sobering-up station, but this would not lead to
collection and storage of personal data kept on those, such activity shall be considered
as complying with the Act of 29 August 1997 on the Protection of Personal Data84.
Considering the diverging opinion, on 22 April 2011, the National Preventive
Mechanism applied to the Chief Inspector for Personal Data Protection to take a stand
on that issue85. The clarifying procedure has not been completed yet.
7.5.
Psychiatric establishments
In the year 2010, representatives of the National Prevention Mechanisms visited
5 psychiatric establishments86.
a) The living conditions
8th General Report on the CPT's activities [CPT/Inf (98) 12]
§ 32 The CPT closely examines patients' living conditions and treatment; inadequacies in
these areas can rapidly lead to situations falling within the scope of the term "inhuman and
degrading treatment". The aim should be to offer material conditions which are conducive
to the treatment and welfare of patients; in psychiatric terms, a positive therapeutic
environment. This is of importance not only for patients but also for staff working in
psychiatric establishments. [...]
83
Dz. U. of 2007, No. 70, item 473 as amended
Dz. U. of 2002, No. 101, item 926 as amended
85
R-071-19/11.
86
These are the visited psychiatric establishments: Instytut Psychiatrii i Neurologii in Warsaw, Wojewódzki
Szpital dla Nerwowo i Psychicznie Chorych at Lubiąż, Samodzielny Wojewódzki Zespół Publicznych Zakładów
Psychiatrycznej Opieki Zdrowotnej in Warsaw, Nowowiejska street, Samodzielny Publiczny Szpital Kliniczny Nr
1 Pomorskiej Akademii Medycznej im. prof. Tadeusza Sokołowskiego in Szczecin, Samodzielny Publiczny Szpital
Wojewódzki at Gorzów Wielkopolski
84
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