Nursing home used CCTV ‘as substitute for supervisory staff’

Data Protection Commissioner says there is no legal basis to allow remote monitoring of employees

A nursing home used CCTV monitored by smartphones "as a substitute for on-the-ground supervisory staff", the Data Protection Commissioner has found.

Warning that his office would not allow such practices, Commissioner Billy Hawkes yesterday published his report for 2012, outlining a number of case studies where companies, and some State agencies, breached data protection laws.

Mr Hawkes received a complaint in April last year in relation to the operation of CCTV cameras at a nursing home, which is not identified in the report. It emerged that two directors were monitoring the CCTV system live using smartphones.

The home submitted that the cameras were to ensure the safety, protection and quality of care to its residents and staff.

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Images of people captured by CCTV are personal data and the processing of such images is covered by the Data Protection Acts. Mr Hawkes said the use of such cameras must be “proportionate and transparent”.

The home voluntarily removed the camera from the staff room and disconnected the smartphones. It believed monitoring of the unsupervised kitchen between 8pm and 8am was justified due to potential dangers to elderly residents.

Remote access to CCTV was becoming more frequent, Mr Hawkes said. But there were concerns in workplaces where “workers perceive that their work performance is being monitored on a live basis”.