ACCESS TO IT FACILITIES (OPINION) Law of 6th January 1978,47 and overseen by the National Commission for Information Technology and Liberties (for comparison purposes, see its Guide pour les employeurs et les salariés48), is an issue that is clearly applicable. In addition, the exceptions applicable to correspondence with the persons mentioned in Articles 4 and 40 of the Penitentiary law should be implemented in this area. Lastly, the staff in charge of carrying out such checks, though specially authorised, are still subject to discretion imperatives (see what has been said about staff responsible for the delivery of mail, allowing for a few minor variations: opinion of the Contrôleur général of 21st October 2009, published in the Journal Officiel of 28th October 2009). 8/ Inside cells, no computer equipment or data storage facilities should permit direct communication, either by wire or any other means, with a third party. On the other hand, any limitations relating to useful capacities should be lifted. Persons held in custody should be allowed to have in their cells firstly computers that meet their needs, secondly whatever data storage capacity they see fit, and lastly any peripherals and socalled “external” computer programs (software, etc.), provided – and these should be the sole conditions – that they do not compromise either the reintegration of the persons concerned, or good order within the prison, or victims’ interests, and provided that the detention centre has the necessary electrical installations and space. In particular, the authorities cannot object to data (especially photos) associated with prisoners’ private lives and families, and to items relating to activities they have opted to follow, even in an individual capacity (e.g. preparing for an examination). This data – and not just that linked to socio-cultural, education, training or professional activities – should therefore be saved, under the conditions mentioned in the previous paragraph, on an external medium at the time the hard disk is formatted. Detainees who own a computer should also be allowed to retain their data at the time they are released. 9/ In premises shared with a third party (e.g. a trainer, teacher, etc.) and/or with administrative staff, equipment and data allowing communication should be accepted and even encouraged. In particular, arrangements must be made in the near future to French law n°78-17 of 6th January 1978 on IT, files and liberties: http://www. legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000886460 (in French). .48 Guide for Employers and Employees. 47 103