Guidance issued today on setting up hidden cameras to check on the care of loved ones in hospitals and homes is a sign that the CQC is responding to patient and family concerns.
Michael Boyd, Head of Healthcare at DWF comments: "Today's announcement could also be viewed as a clear endorsement of the gathering of evidence in a way which the CQC does not have the power to collect itself but which it would no doubt be happy to use. As such, there is a danger that the guidance could be used as a “Snooper’s Charter”, resulting in CCTV being the default response rather than the solution of last resort.
On a practical level, the guidance acknowledges that staff may feel that the use of recording equipment may affect their human rights, or protections they are entitled to under Data Protection legislation. As such they could decide to take legal action. The consequences of this remain unclear.
The question remains as to whether this guidance will help to restore public confidence in the care industry."This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.