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.
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