10.4. Reporting to the National Authority for Data Protection…
Bureau of Investigation of the National Police Headquarters.185 In his
letter, the President of the National Authority for Data Protection and
Freedom of Information informed me that he had ordered an inquiry
into the matter. The inquiry established that, upon receiving my letter,
as a matter of urgency, the Chief of the National Police Headquarters
had taken the necessary measures to ensure that the conclusions of
the medical examinations conducted at the time of receiving detainees
could be accessed only by those with appropriate authorization. As a
normative guarantee of the lawful handling of the detainees’ medical
data, the Holding Facilities’ Rules of Operation were also duly amended.
The National Authority for Data Protection and Freedom of Information
deemed the actions of the Chief of the National Police Headquarters,
taken in order to remedy the situation, as appropriate and satisfactory,
and closed the inquiry with no further action taken.186
10.5.
Proposing legislation
If, in order to eliminate ill-treatment or the danger thereof, I propose to modify,
repeal or issue a legal rule, the organ concerned shall inform me of its position
and of any measure taken within sixty days.187
The addresses responded to my recommendation set forward in my
reports on the NPM’s visits, published in 2016, on the merits and within the
statutory deadline.
10.6.
Follow-up inquiry
The national preventive mechanism should regularly verify the implementation of
recommendations, primarily through follow-up visits to problematic institutions, but
also based on relevant information from, among others, human rights bodies, governmental institutions, and civil society.188
Follow-up inquiries are part of the National Preventive Mechanism’s
activities aimed at preventing ill-treatment of persons deprived of their
185
186
186
187
188
See Report AJB-151/2016.
The letter of the President of the National Authority for Data Protection and Freedom of
Information, dated October 28, 2016, sent under case number NAIH/2016/4548/4N, may be
found in my Office’s archives under file number AJB-151-48/2016.
See Section 37 of the Ombudsman Act.
See SPT: Analytical assessment tool for national preventive mechanisms, (CAT/OP/1/Rev.1)
Clause 33.
67
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