Short-term Deprivation of liberty Department of the Spanish National Police Force in Western Andalusia (Seville), the Spanish National Police Force stations of the Latina and Carabanchel dis­ tricts in Madrid, the Civil Guard barrack in Olite (Navarre) and the Navarre au­ tonomous police force station in Estella (Navarre), it was noticed that when de­ tainees get medical assistance, a copy of the medical record with the assistance provided is included in the official police report. In the documentation examined it was verified that in some cases such medical reports included the medical his­ tory of detainees with personal data which affect their personal privacy. On the contrary, at the Local Police station in Bilbao (Biscay) it was verified that the copy of the medical report issued after the medical assistance provided due to com­ mon illness is delivered to the interested person, and the police proceedings do not keep a copy thereof. In the opinion of the Ombudsman Institution, the joint understanding of Arti­ cles 796.1.1 of the Spanish Code on Criminal Procedure, 22.2 of the Organic Law on the Protection of Personal Data (abbreviated as LOPD in Spanish), and 12.3 of Law 41/2002, of 14 November, on the Autonomy of the Patient and the Rights and Obligations Pertaining to Clinical Information and Documentation, entails that the State Security Forces are only authorized to obtain and process the medical data of detainees upon compliance of certain conditions, which have been reiter­ ated by the Spanish Data Protection Agency in its legal reports: it must be duly accredited that the obtaining of such data is necessary for the prevention of a real and serious danger to public safety or for the prosecution of criminal offenses and, given that this is especially protected data, it should be absolutely necessary for the purposes of a specific investigation; it must be a specific and precise re­ quest, since the request for massive data is not compatible with all the foregoing; that the request be made with substantiated reasons, showing their relation with the described scenarios; and that, in compliance with Article 22.4 of the Organic Law on the Protection of Personal Data, such data is eliminated “when it is no longer necessary for the inquiries that motivated its storage”. This criterion has been notified to the different Departments which are competent in this matter. State Security Forces are 23. As regards the general protocols for procedures in cases of detainees with contagious diseases or female detainees in their gestation period, which were re­ ferred to in paragraph 49 of the 2011 Annual Report, at some of the visits under­ taken it has been noticed that such protocols are non-existent, which is something that must be remedied. On the contrary, it was verified that such protocol existed during the visit carried out to the Spanish National Police Force station in Vigo (Pontevedra). It also had a book with the transfer of detainees who needed medical assistance, including the name of the detainee, the brigade that conducted the transfer, the date and time of departure and return to the police facilities. There must be general 24. Likewise, it has been detected that there is a lack of prophylactic tools, such as gloves or masks, at some of the facilities visited. Therefore, it has been request­ ed that this shortcoming be remedied. Lack of prophylactic tools THE OMBUDSMAN OF SPAIN only authorized to obtain and process medical data of detainees when the need therefor is duly accredited protocols for procedures in cases of detainees with contagious diseases and in gestation period 43

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