How to use CCTV in Care Homes legally
The use of CCTV in care homes remains a highly debated issue, one that raises issues of safeguarding, privacy, legal responsibility and public trust.
While surveillance can offer peace of mind and an additional layer of protection for vulnerable residents, it also raises significant concerns around dignity, autonomy and data protection.
What the Law Says
There is no outright ban on CCTV in care homes, but its use is heavily regulated under several frameworks:
General Data Protection Regulation (GDPR): CCTV footage is classed as personal data, and often as special category data due to its potential to reveal health-related information. Care home operators, as data controllers, must identify a lawful basis for processing this data under Articles 6 and 9 of the GDPR and uphold transparency, accountability and data minimisation principles.
The Human Rights Act: Residents have a right to privacy under Article 8. Any intrusion, especially in private spaces like bedrooms, must be necessary, proportionate and justifiable.
CQC Guidance: The Care Quality Commission (CQC) acknowledges that CCTV may help improve safety and quality of care. However, providers must consult residents, families, staff and visitors when considering surveillance. The CQC expects clear documentation of decision-making, consideration of less intrusive alternatives and a robust policy to be in place.
Key Considerations for Care Home Operators
Consent and Capacity
Consent must be informed, specific and freely given. In many cases, particularly where residents lack capacity, it may not be practical or lawful to rely on consent. The Mental Capacity Act 2005 and its Code of Practice must be followed, and legal advice sought where necessary.Proportionality
Is surveillance the least intrusive way to achieve the objective? If monitoring is aimed at fall prevention, might motion sensors suffice instead?Privacy and Dignity
Bedrooms and bathrooms are particularly sensitive areas. Filming in these locations should only occur in exceptional circumstances and with stringent safeguards in place.Transparency
Staff and visitors must be made aware of CCTV use. Clear signage, privacy notices and communication about how footage is stored and accessed are essential.Security and Access
Footage must be stored securely, retained only as long as necessary, and only accessible to authorised individuals. The use of third-party processors, such as cloud services, must comply with GDPR.Policy and Training
Care homes should develop and maintain a CCTV policy, ensure staff are trained in data protection, and regularly review practices to reflect legal developments and resident feedback.
Weighing the Pros and Cons
While CCTV can help detect and deter abuse, speed up incident response times, and offer reassurance to families, it can also create an atmosphere of surveillance that impacts resident well-being and staff morale. Misuse or poorly thought-out implementation may do more harm than good.
Need expert advice?
At Affinity Care Advisory, we support care providers in navigating legal and regulatory complexities.
If you're considering CCTV in your service or want to review your current surveillance policy, get in touch for expert compliance advice tailored to your care setting.
