Camera surveillance in a healthcare institution: Can a healthcare institution, such as a hospital or nursing home, install cameras?
, by admin, 2 min reading time
Camera surveillance in a healthcare institution, such as a hospital or nursing home, can help protect property and patients, visitors and staff. But the invasion of these people's privacy is great. That is why healthcare institutions may only install cameras if they meet a number of conditions. They must also ensure that the invasion of privacy is as small as possible. A camera in a treatment room or toilet goes too far, because it could expose people naked.
Legitimate interest
The healthcare institution must have a legitimate interest in camera surveillance. For example, preventing theft or protecting patients, visitors and staff.
Necessity of camera surveillance
Camera surveillance in a healthcare institution is only permitted if this is necessary. This means that the healthcare institution cannot achieve the goal in any other way. Is there no other option that is less intrusive for privacy? The healthcare institution must first check this.
The camera surveillance may also not stand alone. It must be part of a total package of measures.
Privacy key
The healthcare institution must first carry out a privacy test. This means that the healthcare institution weighs the interests of patients, visitors and staff against its own interests.
DPIA
Does the healthcare institution use large-scale and/or systematic camera surveillance to prevent theft or protect patients, visitors and staff? The healthcare institution must then carry out a data protection impact assessment (DPIA).
This is the case, for example, if the healthcare institution uses camera surveillance for this purpose on a structural basis or for a longer period of time.
Does the healthcare institution want to use a hidden camera (covert camera surveillance)? Then the healthcare institution must always carry out a DPIA for this. Even if the secret camera surveillance is incidental.
Rights
The healthcare institution must ensure that patients, visitors and employees know that there is a camera and for what purpose it is there. For example, by hanging signs.
In addition, the General Data Protection Regulation (GDPR) gives the following privacy rights to data subjects:
- the right to view data (camera images);
- the right to be forgotten;
- the right to restriction of processing;
- the right to object to the use of personal data.
Retention period of camera images
The healthcare institution may not keep the camera images longer than necessary. The guideline for this is a maximum of 4 weeks.
But has an incident been recorded, such as theft? The healthcare institution may then keep the images in question until this incident has been handled.