The ombudsman explained when seizing a phone for the night is legal and when it is not.

      On the official page of the Commissioner for Children's Rights in the Kirov Region, Vladimir Shabardin, an explanation has been published regarding the appeals of children from orphanages with round-the-clock care. The children complained about the existing practice: every day before lights out, their mobile phones are taken away. The ombudsman's office examined how this aligns with the legislation.

      As explained by the agency, the confiscation of gadgets at night is not considered confiscation or punishment — it is a temporary restriction that falls within the legal framework for three reasons.

      First — sanitary rules. Institutions with round-the-clock care must adhere to a strict daily routine. The use of phones before bedtime negatively affects the nervous system and the quality of children's rest, so the confiscation of gadgets is interpreted as compliance with the requirements for creating healthy living conditions.

      Second — safety. At night, the children are left unsupervised, and uncontrolled access to the internet, according to Federal Law No. 436-FZ "On the Protection of Children from Information Harmful to Their Health and Development," can lead to contacts with fraudsters or criminals, cyberbullying, or viewing prohibited content. The institution is responsible for the psychological and physical well-being of the children.

      Third — the preservation of property. A phone is an expensive item. In children's groups, there is a high risk of theft, damage, or loss of gadgets. By taking phones for safekeeping, the institution removes the risks of claims regarding damaged or lost property.

      However, the ombudsman's office emphasized that even with these justifications, the actions of the staff become illegal if the following violations occur.

      First, the confidentiality of correspondence must not be violated. A caregiver has no right to read messages, view the gallery, browser history, or the child's social media, even if the phone is confiscated for the night.

      Second, confiscation should not be used as a method of punishment. The only acceptable reason is adherence to the daily routine, not bad behavior or unsatisfactory grades.

      Third, the child must retain the legal ability to contact relatives, guardians, lawyers, or emergency services. Usually, there are landline phones available for this purpose in the institution. If a child's smartphone is taken away and they are also prohibited from calling their mother from a landline phone — this is a violation of their right to communicate with family.