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France: CNIL publishes recommendation on surveillance in nursing homes
On May 2, 2024, the French data protection authority (CNIL) published a recommendation on the use of video surveillance in nursing homes.
In particular, CNIL highlighted the conditions that must be met prior to installing video surveillance, namely that video surveillance systems may be installed in the event of a substantiated suspicion of mistreatment, and after the failure of investigation procedures.
In addition, before installing video surveillance systems, establishments must:
- limit the activation of the system over time;
- deactivate the video surveillance device during visits from relatives (unless the suspicion of mistreatment involves them);
- establish an internal framework for the conditions justifying the installation of a video surveillance device;
- inform employees individually and collectively of the possibility of video surveillance devices being installed;
- obtain the consent of the people accommodated;
- blur the private parts of the persons concerned;
- install video surveillance systems in consultation with the establishment where it is requested by family; and
- raise awareness and train staff responsible for managing and implementing such systems.
Notably, CNIL provided that owing to the high risk to the rights and freedoms of individuals whose personal data will be processed, organizations installing video surveillance systems must carry out a Data Protection Impact Assessment (DPIA).
You can read the press release here and the recommendation here, both only available in French.