58 8. The report of the NPM The NPM makes reports on the visits he has conducted; “it shall contain the uncovered facts and the findings and conclusions based on those facts”.114 In addition to indicating the location, the cover of the reports also states that I have published it not under my general activities aimed at protecting fundamental rights, but while performing my tasks related to the NPM. 8.1. Preparation of the report Pursuant to Article 21.2 of the OPCAT, “confidential information collected by the national preventive mechanism shall be privileged”. The Commissioner for Fundamental Rights, “in the course of his proceedings, may process – to the extent necessary for those proceedings – all those personal data and data qualifying as secrets protected by an Act or as secrets restricted to the exercise of a profession which are related to the inquiry or the processing of which is necessary for the successful conduct of the proceedings”.115 The members of the visiting delegations forward their subreports, summarizing their observations, the results of the measurements they have taken and the interviews they have conducted, the pictures taken on site, and the documents obtained in the course of the visit to the head of the visiting delegation; the external experts also submit their opinions. Neither the subreports nor the expert opinions contain any data suitable for personal identification. As “the documents and material evidence obtained in the course of the proceedings of the Commissioner for Fundamental Rights are not public”,116 third persons may not have access, either prior to or following the proceedings, to notes taken and the documents obtained during the preparation or the conduct of the visit. 114 115 116 See Section 28(1) of the Ombudsman Act. See Section 27(1) of the Ombudsman Act. See Section 27(3) of the Ombudsman Act.

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