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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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what laws if any are we breaking by using CCTV recording/monitoring

Resolved Question:

what laws if any are we breaking by using CCTV recording/monitoring devices in my Mum's room at her private home, when her home carers come in?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I assume you mean to see if they are acting improper - nothing at all

Alex Watts :

You can put CCTV in as a private citizen

Alex Watts :

If you were a business there would be Data Protection laws

Alex Watts :

But as a private citizen you can install CCTV in your house or garden etc as you wish

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

we have had issues/concerns in the past with regards XXXXX XXXXX not completing their duties in a professional and courteous manner. Whilst Mum has not been hurt it is not unusual for the carers to do as they feel fit rather than follow the care plan for Mum. Talk over her during the call rather than to her (Mum needs two carers at each call) it has also been observed that at time carers are sent to Mum who are poorly trained and find it difficult to meet Mum's needs. The CCTV was not installed to monitor them, it is fully visible and the care company knew when they took Mum on as a client that it was in place and could be in operation. Today we have raised an issue with regards XXXXX XXXXX call at the weekend and the care company have come back to us with:-

Customer:

" very concerned that Mrs Mason is recording these calls apparently without the knowledge or permission of the carers, this is clearly a breach of privacy laws and we may need to take legal advice about this. Perhaps you should mention this to Mrs Mason as I am sure she would not willingly break the law!"

Customer:

we just need to know where we stand as the care company can often send carers who do not know Mum and are not experienced with her needs - we have very little if any confidence that some of these carers are up to the job.

Customer:

Mum is now on her 4th care company and as the client/patient we seem to have no rights, unfortunately Mum's illness/stroke means she cannot always look after her own interests.

Alex Watts : No, this is all fine.
Alex Watts : You are allowed to do this.
Alex Watts : Does this help?
Customer:

so their comment of them being "very concerned that Mrs Mason is recording these calls apparently without the knowledge or permission of the carers, this is clearly a breach of privacy laws and we may need to take legal advice about this. Perhaps you should mention this to Mrs Mason as I am sure she would not willingly break the law!" is just an idle threat and I have nothing to worry about?

Customer:

As you can probably tell I have cut and pasted this comment from an email from them earlier today, my initial feeling was that as I had raised concerns they were just coming back and it was 'tit for tat' as I had raised an issue.

Alex Watts : Well you don't need to worry. You are not a private company, you can't breach privacy laws.
Alex Watts : If they are doing nothing wrong then they have nothing to hide.
Customer:

It is rather worrying that these carers can come into Mum's home and left to their own devices do whatever they feel like and Mum has no protection other than the family who are often with her. Even when issues have been raised in the past with the care companies they have been denied by the carers and without the cctv footage it is our word against theirs

Alex Watts : Exactly. So don't worry about the CCTV
Alex Watts : You are quite right to do this,
Customer:

should we put warning notices up? The care company are aware and have been since they started Mum's care on 4th Nov 2013 that this device is in situ and could be in operation just seems that now I have raised issue they are

Alex Watts : No, you are not a commercial company when you would have to.
Alex Watts : You are an individual. You don't need notices.
Customer:

fighting back with this threat of breach of privacy law

Alex Watts : Yes, there is no breach you are an individual not a company.
Customer:

ok so to recap:-

Customer:

we are doing nothing wrong, we need no notices and basically if they are doing nothing wrong they have nothing to worry about (to be frank with the carers we are comfortable with we are not recording the call anyway)

Alex Watts : Yes.
Customer:

thank you :-)

Alex Watts : Can I clarify anything else?
Customer:

I don't think so

Alex Watts : Ok. Please do remember to leave feedback before you go today.
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