Published 18th July 2018
The use of so called “Nanny Cams” raises serious legal issues for home care services, says a legal specialist who believes it’s time for providers to develop guidelines on the issue.
Gemma McGrath of West Australian law firm and aged care specialist Panetta McGrath says providers should develop a written policy on the use of monitoring devices in homes, and should also question clients about their use of these devices during sign-on conversations.
Staff who provide care in the home also need to be aware of their right to give consent before being monitored.
“We’ve had a lot of clients contact us about the issue and what they can do to manage it,” she told Community Care Review.
“It’s something that’s obviously relevant to the sector at the moment and seems to be increasing.”
Ms McGrath says most people have good intentions about protecting their loved ones when they install a camera.
“But when a worker goes into a home that is their workplace and the employer is responsible for ensuring a safe workplace,” she said.
“And certainly people need to give consent if they’re going to be recorded, so it’s an issue that they need to be cognisant of.”
Ms MGrath also advises providers to familiarise themselves with privacy legislation in their own state, as this may differ across borders.
Having a written policy protects providers from potential breach of privacy or workplace safety claims by aggrieved staff, as well as ensuring staff know their rights.
“It just tells the staff their rights … that if they go in and see (a recording device) they can ask for it to be turned off or not proceed with the services.
“It means people know what they can and can’t do in those circumstances.”
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