CCTV
requirements for objectivity, investigation review, randomised audit, data storage and retrieval and professionalisation of the monitoring part of the service. It also ensures a competent set of operational documentation is available and transfers any perceived legal risk from the provider to the monitoring company.
Essential provider information Status of individuals whose images are recorded, and your obligations Bedroom monitoring services do not have to record and retain data continuously but instead can capture audio and video footage in response to one of a few specified trigger events. Cameras can of course capture images of residents, staff, visitors, and others, so any images a provider collects about these individuals will be ’personal data’ as defined by the Data Protection Act 2018.
What you should do before using a service in your care home(s) 1. Privacy impact assessment (PIA) Be clear about why and how you will use the system. It is good practice to have a documented PIA prior to deploying any CCTV service , even if you are upgrading from a less advanced system.1
This should
consider the positive effect on the care home of deploying the system and balance this against any potential impacts on the individuals’ privacy, and outline the steps you will take to mitigate that risk. Professional monitoring companies usually offer to develop a template privacy impact assessment for you to review and complete, which will assist in identifying the issues and putting in place appropriate steps to manage such.
2. Register with the Information Commissioner’s Office (ICO) You should update your notification/ registration with the ICO or create a new one if you do not have one.2
Each data
controller must have a valid notification, unless an exception applies. You should include the use of CCTV as one of the elements of processing being carried out. It will also be necessary to check that the purposes of processing listed in the registration are sufficient to cover how the CCTV footage will be used, and that the categories of recipients are correct. Making changes to a registration is straightforward and free of charge.3
3. Be clear about your plans Tell your staff, residents, visitors, and others and consult with them. Provide a clear message regarding CCTV to anyone who visits the care home, telling them what monitoring will take place, in response to what events, and for what purposes. Again, most monitoring companies
will have prepared a template employee notification/policy that will support this process. They will also include a template CCTV policy that sets out the kind of notices you should display as well and what content they should include.
4. Information or consent? You should understand the difference between informing people, and the need for consent. 4.1 The use of the CCTV system in public areas of the care home does not require the consent of the individuals involved, but you should take steps to make people aware and have appropriate policies in
place as referred to in point three above, but:
4.2 The use of the CCTV system in residents’ bedrooms does require the consent of the individual involved, or their health and welfare attorney. Where a resident loses capacity to consent, a best interest’s decision will be required, and in certain circumstances a referral to the Court of Protection may be required. Operational documents should include a consent form, along with consent guidance for you to use with residents and their legal representatives.
You should ensure that these processes are followed, and documentary evidence retained, as the Care Quality Commission (CQC) can request evidence of the steps taken to consult and consent, and you must ensure that residents’ needs and preferences for care and treatment are respected. Residents may also subsequently withdraw their consent, and this should be recorded and acted upon as well.
5. Ensure that you sign and complete a contract If you elect to use a professional monitoring company, ensure you sign a contract as it will contain clauses that provide protection to you, as referred to above.
What you should do while using CCTV 1. You should ensure that the information gathered is used only when required for the purposes set out in your CCTV policy and within the scope of the consents obtained from residents, and to check compliance with the CCTV policy. For example, only designated individuals should have access to system files for their job purposes, e.g. reviewing care provision, quality control or dealing with HR matters.
2. You should ensure that all staff remain aware of the CCTV policy.
3. You should ensure that the information is correct, and that staff and others could correct errors, for example, if on the system they have been recorded with the incorrect name.
4. Individuals may also request their own personal data, known as a data subject access request, and you should comply with these requests in accordance with your own policies and the law.
5. Residents may also withdraw their consent for the filming in their rooms, and you must act upon this and stop recording. It is important to keep records
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www.thecarehomeenvironment.com February 2022
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