CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM The Chancellor found that in view of the specific nature of the office building in comparison with usual offices the regulation provided for in the contract was insufficient, considering that also asylum seekers were accommodated in the building and therefore a need to give orders to them or a need to restrict the rights of persons for maintaining order and security may arise. For example, the right of security staff to restrict the freedom of movement of asylum seekers was unclear. In addition, it was found that no additional requirements for the training of security staff providing the guarding service had been established concerning their awareness of cultural, religious and linguistic nature and the distinct status of asylum seekers. On this basis, the Chancellor made the following recommendations: 1) specify the authority of the security staff in connection with maintaining order and security in the accommodation facility; 2) ensure that persons maintaining order and security in the accommodation facility have been prepared to work with asylum seekers (including knowledge of the status of asylum seekers as a group, their cultural, linguistic and religious particularities). The PBGB replied that the guard bureau of the Public Order Department of the PBGB has taken over the provision of guarding services at Vilmsi Street 59. A guard from the guard bureau is present at the site during off-hours, at weekdays 17.00−09.00, and during weekends and public holidays 24 hours. The guards are not police officers but public servants; if necessary, assistance to the guard is provided by car patrol police officers. Maintenance of security and fire alarm systems on the site will continue to be provided by G4S according to the current contract. Guard officials from the guard bureau proceed in their work from the job description approved by the order No 512 of 6 December 2010 of the Director General of the PBGB, as well as the “Guidelines for behaviour in the accommodation facility” approved by the order No 56 of 1 January 2010 of the Director General of the PBGB, and guidelines “Special duties of the officials of the guard bureau of the Public Order Department of the Police and Border Guard Board on the guarded site” approved by the head of the guard bureau. The guard officials also proceed from the internal rules of the guarded site and other legislation. Guard officials have completed the training course “Intercultural communication” offered by the researcher Anastassia Zabrodskaja at Tallinn University. Second, it was found during the inspection that video cameras were installed in public areas (stairway, corridor and common room) of the accommodation facility for asylum seekers in the premises of the PBGB, but no information about the use of video surveillance was posted. The Chancellor recommended to the Director General of the PBGB to notify asylum seekers in a language understood by them about the use of video surveillance and post the relevant information visibly in the premises. The PBGB replied that stickers with notification of the use of video surveillance have been placed on the windows and front doors of the building at Vilmsi Street 59. Additionally, the PBGB posted a notification in English and Russian on the information board in the common room of the asylum seekers. Third, the issue of whether the transfer of data of the asylum seekers, in certain cases also sensitive personal data, by the PBGB to a contact person in the non-profit association Johannes Mihkelson Centre in connection with the provision of services to asylum seekers was in conformity with the Act on Granting International Protection to Aliens and the Personal Data Protection Act. The Chancellor reached the conclusion that the Act on Granting International Protection to Aliens does not contain a legal basis for the transfer of data, including sensitive personal data, of asylum seekers to Johannes Mihkelson Centre. The Chancellor noted that although the services provided by Johannes Mihkelson Centre play an important role in helping asylum seekers to adapt and in assisting and supporting them, the administrative authority in its activities must comply with the requirements established by law. The Chancellor considered it possible that a contact person in Johannes Mihkelson Centre is notified about the arrival of a new asylum seeker with the consent of the asylum seeker and taking into consideration the conditions under § 12 of the Personal Data Protection Act. The PBGB replied that personal data of an asylum seeker are transferred to Johannes Mihkelson Centre only with the consent of the asylum seeker. In reply to the Chancellor’s enquiry about the implementation 47