VII)  Health care a “communication” should not involve sensitive data. It is certainly possible to use general denotation to differentiate between those who need to order regular medication, those who are signing up based on the physician’s recommendation from the last visit, and those who believe to be in urgent need. The noted procedure for signing up for visits is based on Section 16 (1) of Regulation of the Minister of Justice No. 4/2008, on provision of health care to persons in remand custody and imprisoned persons, including a non-exhaustive list of reasons for which visiting a physician may be requested (headache, fever, diarrhoea, rash, dental problems). It is beyond any doubt that these are sensitive data in the sense of the Personal Data Protection Act 71, which are under special protection. Therefore, I believe that Section 16 (1) of Regulation of the Minister of Justice No. 4/2008 is at variance with the Personal Data Protection Act. I recommend that the Ministry of Justice: •• Ensures compliance of Section 16 (1) of Regulation of the Minister of Justice No. 4/2008 with Act No. 101/2000 Coll.; this should be implemented by 30 June 2016. I recommend that the General Directorate of the Prison Service: •• Ensures that, following on the change of Regulation of the Minister of Justice No. 4/2008, the books of persons signing up for a visit to the physician do not include information on the medical condition of the convicts. 5) Physician as a safeguard against ill-treatment The physician, with respect to persons restricted in their freedom, does not only serve within the boundaries of the traditional physician-patient relationship, but should help to prevent ill-treatment by means of systematic records of any potential injuries and signs of physical assault. The physician’s activity is a prerequisite for the government’s duty to ensure effective investigation of charges of ill-treatment on the part of the bodies responsible for detention of individuals. 72 In response to the Report on the visit to the Czech Republic carried out by the CPT from 1 to 10 April 2014, the Government of the Czech Republic adopted Resolution No. 609 of 29 July 2015, through which it, inter alia, ordered the Minister of Health to prepare, in co-operation with Ministers of the Interior and Justice, a draft amendment of the Health Care Services Act 73, which would, in accordance with the CPT recommendations, introduce the duty of physicians to report to the supervisory bodies any found signs of ill-treatment of individuals deprived of their personal freedom. In this spirit, I approached the Minister of Health, MUDr. Svatopluk Němeček, and offered my cooperation during implementation of the given task. 71 Section 4 (b) of the Personal Data Protection Act. 72 The positive obligation based on Article 3 of the Convention consisting in effective investigation of alleged ill-treatment requires as follows: Investigation must be able to clarify events and identify the responsible persons to be punished; it must include all adequate and reasonable steps to obtain evidence; it must focus on all investigation possibilities that are obviously available, and the conclusions must be based on a detailed, objective and impartial analysis of all relevant circumstances. 73 This draft should be presented to the Government by 31 December 2016. /31/