The Use of Surveillance Technology

Surveillance technology includes CCTV, cameras and microphones. It can be helpful to keep people safe and monitor how they are provided with care or treatment. It can also be used to keep property and premises secure. However, it is important that the use of surveillance technology does not invade privacy or breach human rights. 

There are 2 types of surveillance:

• Overt surveillance; and
• Covert surveillance.

Overt surveillance is when everyone affected is aware that it is in place.

Covert surveillance is when those affected are not aware, for example the use of hidden cameras or microphones.

The use of covert surveillance

Covert surveillance should be used rarely, if at all. If it is used, it should only be used for short periods of time and for a specific reason. For example, to identify whether allegations about poor care or abuse are valid.

Decisions to use covert surveillance should be made by the registered person, who is recommended to always seek legal advice before doing so.

Before deciding to use surveillance technology, the registered person must think about how it will help meet the needs and interests of people who use the service.

The registered person must:

• Know what outcome/s they want the surveillance to achieve;
• Be satisfied that the planned use of surveillance is reasonable, lawful and appropriate.

When considering whether the use of surveillance is lawful, the registered person should refer to relevant legislation and seek legal advice as required.

 Consent should be sought when the surveillance technology will:

• Be used as part of providing care or treatment; and/or
• Involve the service handling personal information.

For further information, see: CQC- Find out if you need consent to use technology as part of someone’s care. 

Also see: Consent. 

The impact on privacy and dignity should always be as small as possible.

Surveillance technology should only be used when it needs to be, and for its intended purpose. This may mean:

• Turning technology off at certain times;
• Repositioning cameras to avoid capturing more private things, like personal care;
• Finding ways to gather information that does not involve recording people – for example from door sensors.

Care should always be taken to avoid recording sensitive or private things. For example, intimate care or if a person is observing private prayer.

The registered person is responsible for the security of the information collected by the surveillance technology, even if it is held on an external server.

Records must show how data is being protected and managed.

Only those with a legitimate and lawful need to access the information should be able to do so. There should be a clear record of who has had access to the information, when and why.

CCTV monitors (when in use) must be in a lockable room and strong passwords used to protect data.

Surveillance technology equipment must be maintained to ensure it collects good quality data and does not pose any health and safety risks.

Staff must be properly trained in handling information gathered by surveillance technology.

Clear policies and procedures must be in place, including how information is kept secure, responding to requests to access information, information sharing, complaining about surveillance technology, retention and destruction of information.

The use of surveillance technology should be reviewed regularly to ensure that it is achieving its purpose and is still the best way of doing so. This should include consultation with those affected by the surveillance technology.

If an alternative, less intrusive method of achieving the outcome is identified, it should be implemented.

Sometimes a person, family member or friend may decide to use covert surveillance technology because they are concerned about abuse, or the care or treatment being received.

Any staff member that identifies a piece of hidden surveillance technology (for example a hidden camera) should report it to the registered person.

The discovery of surveillance technology should not affect the care or treatment provided to the person.

The registered person (or an appropriate deputy) should discuss matters with the person/family member or friend and try to address the concerns that they have.

Depending on the circumstances, the surveillance technology in question can be switched off, removed and kept safe for its owner. However, the service must not deliberately damage it, throw it away or delete the recordings.

The Care Quality Commission (CQC) will always want to know about any surveillance technology being used by the service. As part of their service assessment, they will carry out checks to assess how safely the technology is being used and the impact on human rights.

They will also check any Data Protection Impact Assessments (DPIA) and, if CCTV is used, that the service is registered/licensed with the Information Commissioner’s Office (ICO).

The CQC will use the following principles when assessing the use of surveillance technology:

Safeguarded: Recording equipment has appropriate safeguards.

Secured: Recording equipment is housed securely and is appropriate to the purpose for which it is being used.

Privacy: Privacy and dignity of people is at the heart of any considerations when deploying recording equipment.

Involved: People must be involved in decisions when using recording equipment in private rooms.

Lawful: Recording equipment has a specific legal basis for its use and complies with all relevant legislation and codes of practice.

Trained: Staff are trained in the use of recording equipment.

Transparent: Recording equipment is used in a transparent manner.

For further information, including guidance on how to demonstrate the above principles are met, please see: How we check surveillance.