Question:
Hello Ken,
Today I was asked to give a proposal to install cameras in a doctors office in Manhattan. The doctor wants to install cameras in each of the 4 exam rooms and other locations throughout the office. Is it legal to install and monitor activities in a doctors exam room where a patient should expect privacy? Thanks
Joe Balzamo
B & M Alarms inc.
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QUESTION:
Dear Ken,
In light of recent shootings in Shopping Centers and other "public" places, can you please review your thoughts and legal "privacy" issues of using the additional advantages of AUDIO MONITORING via the CCTV or IP Camera Systems. It would seem that the private security guard sector and public police agencies would have a distinct advantage of being to audibly monitor a situation in progress or play back an event and include the audio event along with the video event.
If, when, and where, is audio monitoring allowed?
If, when, and where, is audio monitoring DIS-allowed?
Do signs need to be placed.
Documents signed? Etc?
Best Regards,
Alan Glasser
Executive Director,
Metropolitan Burglar and Fire Alarm Association of New York, Inc.
PO Box 54
Brooklyn, NY 11204-0054
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ANSWER:
It is almost understandable that a doctor would want to have CCTV installed in an exam room Left alone with a patient, in a situation where the doctor is examining and touching the patient, perhaps while medicating the patient, the doctor feels vulnerable to accusations of improper conduct. Not all doctors can have nurses or other staff remain in the room, either because of staffing resources or even patient preference or modesty. How can you balance the patient's expectation of privacy and the doctor's liability concerns?
I haven't checked to see if the local medical association or state governing agency has issued professional guidelines on the issue. Those would be binding upon or certainly of concern to the doctor. That might be the doctor's responsibility to check. As the installer of the system you know that you are limited either by specific statute in your jurisdiction or guided by expectations of privacy.
I am tempted to take the prudent approach and simply advise that exam rooms are off limits for CCTV, just like bathrooms and dressing rooms. But I think where there is a will there is a way. So what about well placed conspicuous signs in the exam room advising the patient that there is a CCTV installed. The camera is not covert but rather conspicuous. If the room is designed with a chair in place for the patient then the camera can be placed facing the back of the patient so that graphic video is not recorded. More important is where the data is stored and how it is used. If the DVR is in a restricted area and the data is treated as confidential, as it would have to be, perhaps viewed by no one unless there is an incident that requires inquiry, and then only by proper personnel, then perhaps you can install the system. Your contract should detail these issues. There would have to be a real need and you would have to be sure that the doctor is not doing this for kicks. I am sure many of you will be tempted to email me that you wouldn't touch this kind of installation. I wouldn't either, but it may be feasible. If a video gets on the internet there is going to be liability for the doctor, and maybe you, so be careful and prudent.
Regarding audio components. You must check your state laws, found at http://www.kirschenbaumesq.com/avstatutes.htm. Every state is either one or all party consent to audio. You can also read video laws at that site.
I think audio would probably be permitted once there is an alarm condition. An intruder has no right or expectation of privacy. Absent that however I don't think you can have audio.
I am surprised that the manufacturers of this equipment have not contributed to this discussion, and I invite them to. Having made the investment in the technology I assume they have relied upon some legal opinion regarding the use of the equipment.