In all cases, there should be remedies available in the event a prisoner has been wrongly 219 identified as violently radicalized to terrorism or violence. The sharing of information and the right to privacy The sharing of information between various law enforcement, intelligence, prison, probation and other agencies or external partners requires that clear, strict and transparent procedures are established to respect prisoners’ right to privacy and to protect their 220 personal data. The UN Nelson Mandela Rules require that prisoner files must be kept confidential and made available only to those whose professional responsibilities require access to such records, i.e., access to such information must be on a strict “need to know” 221 basis. In relation to child offenders more specifically, the UN Beijing Rules also state that records “shall be kept strictly confidential and closed to third parties. Access to such records shall be limited to persons directly concerned with the disposition of the case at 222 hand or other duly authorized persons.” Infringements of data sharing restrictions may also include obliging medical staff to disclose information about a prisoner, in breach of 223 doctor-patient confidentiality. 219 220 Report of the UN Special Rapporteur on Counter-Terrorism, Visit to France, op. cit., note 210, para. 42. Council of Europe, “Guidelines for Prison and Probation Services regarding Radicalisation and Violent Extremism”, op. cit., note 56, Guideline 4. For more information on prisoner file management and security and confidentiality of information, see also ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10, Chapter 1, paras. 34-52 221 UN Nelson Mandela Rules, op. cit., note 13, Rule 9; and ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10, para. 34, 37 and 43. 222 UN Beijing Rules, op. cit., note 126, Rule 21.1. See also UN Havana Rules, op. cit., note 86, Rules 19 and 21 (d). 223 UN Nelson Mandela Rules, op. cit., note 13, Rule 32; UN Bangkok Rules, op. cit., note 79, Rule 8; For more information on medical confidentiality and the provision of medical information on a “need to know” basis, see ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10, Chapter 6, paras. 106-132. 49

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