Case study 8: Excessive use of CCTV in a Nursing Home [2012] IEDPC 8 (2012)

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Irish Data Protection Commission Case Studies You are here: BAILII >> Databases >> Irish Data Protection Commission Case Studies >> Case study 8: Excessive use of CCTV in a Nursing Home [2012] IEDPC 8 (2012) URL: https://www.bailii.org/ie/cases/IEDPC/2012/[2012]IEDPC8.html Cite as: [2012] IEDPC 8 [ New search ] [ Help ] Case study 8: Excessive use of CCTV in a Nursing Home In April 2012, we received a complaint from an individual in relation to the operation of CCTV cameras at a nursing home. The nursing home had installed CCTV cameras in the corridors, day room, kitchen, front entrance, staff room, residents' dining room, games room and drug therapy room. Concerns were also raised that the CCTV system was linked to the owner’s private residence allowing the cameras to be checked remotely during the night. Images of people captured by CCTV cameras are personal data and the processing of such images is covered by the provisions of the Data Protection Acts. The use of CCTV cameras must be proportionate and transparent. We asked the nursing home to outline to us the circumstances under which CCTV footage was recorded and accessed. We also asked the nursing home to confirm if there was a linkage of the CCTV system to a private residence and its purpose. In its reasoning for the use of CCTV, the nursing home informed us that it was to ensure the safety, protection and quality of care to its residents and also to ensure the safety and protection of staff. It also informed us that the CCTV system was not connected to a private residence but it was connected to the smart phones of both directors to allow them to maintain the quality and care of residents from a distance. It said that this alleviated the need for the directors to constantly make unannounced visits at night. Having reviewed the nursing home’s response we informed it that it was clear that it was using CCTV and live monitoring via cameras as a substitute for on-the-ground supervisory staff. We informed it that we could not see any basis under which the use of smart phones for live monitoring purposes could operate legitimately in accordance with the Data Protection Acts. We asked the nursing home to voluntarily cease the practice with immediate effect. We also asked it to provide some still screen shots taken from the CCTV cameras in the kitchen area so that we could consider further the appropriateness of the cameras operating in that area. The nursing home immediately removed the CCTV camera from the staff room and it also disconnected the smart phone links to the CCTV system. It also provided screen shots from the CCTV cameras in the kitchen area. It explained that the kitchen area was unsupervised between the hours of 8pm and 8am and, as kitchens can be a dangerous place for elderly residents, it felt that the use of a CCTV camera was justified in this particular area. Having fully reviewed the situation, we recommended that the camera in the kitchen be switched off during working hours when staff are present. We also gave the nursing home recommendations concerning changes we considered were necessary to the CCTV signage which was in place there. Of particular interest in this case study is the concept of remote access to CCTV cameras. In this instance, the remote access was carried out by means of smart phones. Remote access to CCTV cameras, by whatever means, is becoming more frequent with advances in technology. Clearly such technology is helpful in terms of providing security monitoring of an empty building at night time or at weekends and no data protection issues arise in such situations. However, concerns from a data protection perspective arise where the remote access takes place in relation to areas such as manned workplaces and where workers perceive that their work performance is being monitored on a live basis. Employers are tempted to use such technologies as a substitute for on-the-ground supervision by supervisory or managerial staff. Such situations are difficult to reconcile with the requirements of the Data Protection Acts and this Office cannot see any legal basis to justify the monitoring of individuals in the course of their normal activities by such means. In instances such as that outlined in this case study, where there is no valid justification for the use of remote access technology to link to CCTV cameras, we will continue to order that the remote access concerned be terminated. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/ie/cases/IEDPC/2012/[2012]IEDPC8.html