Provided by:  Jennifer Kirschenbaum, Esq.

November 27, 2018

 

Question:

Hi Jennifer,

Can I put video cameras in my Practice to protect myself from staff and patients?

Thanks, Dr. G

Answer: 

Absolutely, but where?  You can place cameras in any location an individual would not have a reasonable expectation of privacy; no bathrooms and definitely no changing areas.   Now, Video functionality does not mean Audio.  Audio recording or mechanical interception of audio is prohibited in pretty much all jurisdictions unless one or all of the participants to the conversation consent to the recording or listening.  One party consent (what NY requires) also poses an issue, because if you place an audio device, you could potentially pick up a side conversation where neither party has consented, despite that conversation not being your main focus.  Another issue we can save for another time is what to do with the data once you have it monitored or recorded.  

Prime placement for your camera - conspicuous and facing our co-pay drawer! 



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