Camera surveillance in a healthcare facility: May a healthcare facility, such as a hospital or nursing home, put up cameras?
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Camera surveillance in a healthcare facility, such as a hospital or nursing home, can help protect property and patients, visitors and staff. But the invasion of their privacy is great. Therefore, healthcare facilities may only put up cameras if they meet a number of conditions. They must also ensure that the invasion of privacy is minimized. A camera in a treatment room or restroom goes too far, as people could be exposed in the picture.
Justified interest
The healthcare facility must have a legitimate interest for the camera surveillance. For example, deter theft or protect patients, visitors and staff.
Need for camera surveillance
Camera surveillance in a healthcare facility is allowed only when necessary. That is, the healthcare facility cannot achieve the goal by any other means. Isn't there another option that is less invasive of privacy? That's something the healthcare facility should check first.
Also, camera surveillance should not stand alone. It should be part of an overall package of measures.
Privacytoets
The healthcare facility must first conduct a privacy test. This means that the healthcare facility weighs the interests of patients, visitors and staff against its own.
DPIA
Is the healthcare institution deploying large-scale and/or systematic camera surveillance to deter theft or protect patients, visitors and staff? If so, the healthcare institution must conduct a data protection impact assessment (DPIA).
This is true, for example, if the healthcare facility deploys camera surveillance for this purpose on a structural basis or over an extended period of time.
Does the healthcare institution want to use a hidden camera (covert camera surveillance)? If so, the healthcare institution must always conduct a DPIA for this purpose. Even if the covert camera surveillance is incidental.
Rechten
The healthcare facility 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 (AVG) 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.
Storage period of camera images
The healthcare facility may not retain camera images for longer than necessary. The guideline for this is a maximum of 4 weeks.
But has an incident been recorded, such as theft? Then the healthcare facility may retain the relevant footage until this incident is dealt with.
