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Surveillance and CCTV in {{org_field_name}} (Wales) Policy

This document provides a policy framework on the use of closed-circuit television (CCTV) and similar devices such as webcams for monitoring and surveillance purposes in a care home. The exact contents should depend on the decisions taken by the home on the use or non-use of such methods for monitoring purposes.

The focus here is the monitoring of service users’ care and behaviour and the implications for staff and others involved in the running of the home. The use of CCTV solely for external security purposes falls outside the scope of this policy framework.

{{org_field_name}} must always be mindful of the need to ensure that any arrangements it makes are consistent and compatible with the requirements of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 for the delivery of safe, person-centred care that respects people’s rights for privacy, dignity and respectful sensitive care.

Policy Statement

This policy is written to describe the use of CCTV and similar electronic monitoring devices, including auditory recording, in {{org_field_name}}, when used for surveillance purposes. Surveillance is defined as the monitoring of a place, person, group or ongoing activity to gather information.

The policy is written in line with Information Commissioner’s Office (ICO) guidance and Codes of Practice, and adopts the definitions and scope of the issues that can be found in this document. The relevant publications are:

The policy should be used with reference to the home’s policies on Data Protection in Care Homes (Wales) and Stress at Work.

Data Protection Issues

{{org_field_name}} understands that visual images, such as photographs and video recordings, are defined as data and are covered in the same way as written records by data protection principles in organisations, where data protection laws apply. The home is covered by data protection laws, including the General Data Protection Regulation, which means that the guidance produced by the ICO on the use of CCTV and other forms of surveillance will apply to {{org_field_name}}.

{{org_field_name}} recognises that it is providing a social service, which, in line with its registration responsibilities, has a duty to make sure on the one hand that its service users are kept safe from harm and on the other that its staff are not subject to undue harassment or pressures that could impair the quality of the care and their welfare, which they provide.

{{org_field_name}} is therefore aware that service users, relatives and representatives might seek to use CCTV and similar devices to record the care being given to service users as a protective measure, but this might also have the effect of increasing staff stress and be counterproductive in terms of achieving the standards of care that are expected of them.

{{org_field_name}} might also in some circumstances seek to install surveillance systems itself in residents’ private accommodation or in communal areas such as lounges and corridors.

{{org_field_name}} has therefore devised its own Code of Practice, which it applies in respect of the use of any surveillance equipment operating in the home. The Code is written to reflect the responsibilities of users of surveillance methods in their relationships with other parties who might wittingly or unwittingly be exposed to them as described in the ICO guidance on the use of CCTV in organisations where data protection principles.

Scope of a Surveillance Policy

CCTV surveillance equipment can be used in several areas of a care home, including for premises security purposes. Inside a home it might be installed in residents’ rooms or in communal areas such as lounges or corridors. It will not be installed in toilets and bathrooms for the reasons discussed below. A decision to use CCTV must be consistent with the Statutory Guidance that accompanies Regulation 44 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017.

The home is aware that if it uses surveillance in any part of the home, the Care Inspectorate Wales (CIW) might check that it complies with the relevant regulations.

Code of Practice

Pre-installation

Purposes

Permissions

Impact and implications

Covert surveillance

Restraints and deprivation of liberty

{{org_field_name}} recognises that devices are available to track individuals’ movements that could be used to restrict their freedom of movement and result in a deprivation of their liberty. The home would only ever use such devices or consent to their use as last resorts and then only after all the necessary measures are taken to make sure that their use is lawful.

Other considerations

Documentation

The following aspects will be fully documented and made available to CIW inspectors as required.

Note:

See Appendix for a checklist for recording purposes and Forms for a full recording framework.

Training

All staff are made aware of the home’s policy (for or against), the use of CCTV and other surveillance methods and the conditions that apply or would apply to its use.

Appendix: Recording Checklist

The following questions can be used to keep records of the surveillance methods being planned or used. (See also Forms for a full recording framework.)

  1. Assessment — why is the home seeking or is using surveillance?
  2. Why is the method chosen (CCTV, webcam, etc) the preferred option?
  3. What is the purpose of the surveillance in terms of goals and outcomes sought?
  4. What are the areas in the home under surveillance?
  5. What are the surveillance methods planned or being used?
  6. What are the timescales involved: including starting and periods of use (if not continuous)?
  7. How has the decision to use CCTV (or equivalent) in a specific place been arrived at?
  8. How have you established your use of surveillance is lawful (ie people’s personal data has been protected in line with their human rights and data protection)?
  9. How have you obtained the consent of all whose personal information is being captured in each area where surveillance is being planned/used?
  10. How have you obtained consent from people who might lack mental capacity?
  11. How have you addressed any deprivation of liberty safeguarding issues that might have arisen so that individuals are not unlawfully restricted because of being under surveillance?
  12. How have you addressed concerns about possible loss of privacy, dignity and respect and the concerns of staff and others? (Provide details.)
  13. How did you consult the people involved on their views about the desirability of the surveillance and their concerns?
  14. What were the outcomes of the consultation?
  15. What is the nature of the information captured (or will be captured)?
  16. How have you made sure that the information will not breach data protection rules?
  17. How have you made sure that the information is kept secure?
  18. What means do you plan/use to inform people that they might be subject to surveillance in certain areas of the home?
  19. If covert surveillance is to be used, what is the over-riding reason for its use?
  20. What steps are you taking to minimise or discontinue its use at the earliest opportunity?
  21. Who is responsible for the operating of the system, including the processing of the information captured and to whom?
  22. What systems are in place to monitor, review and audit the surveillance process?

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next Review Date: {{next_review_date}}

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