Assuming that this is taking place in the service users home and that the
"domestic" DPA exemption applies, I don't think that Social Services has any
power to stop this.
I also don't think that there is any requirement to tell Social Services
staff of the existence of the camera or that recordings are being made. It
is good practice to do so, of course.
Whose Human Rights might be violated by this? Also, can householders, etc
be dealt with under Human Rights law anyway (remember that the Courts have
to apply their minds to questions before them with HR in mind)?
I don't think that Social Services can do anything at all about this unless,
for example, services are provided by it on a voluntary basis subject to
conditions.
Remember the other HR perspective too. Doesn't the service user have the
right to be watched over if they want?
David Bownes
Data Protection and Security Officer, Sheffield City Council, Chief
Executive's Directorate, Corporate Resources, PO Box 1283, Sheffield S1 1UJ.
0114 2736891 FAX: 0114 2735576
-----Original Message-----
From: Paul Dodgson [mailto:[log in to unmask]]
Sent: 20 June 2005 09:23
To: [log in to unmask]
Subject: [data-protection] Recording of Care visits
Dear All,
I have been advised that the relatives of a Social Services customer have
installed a web camera (with the service users permission)to monitor the
user in case urgent care is required. Social services staff attend the
customer at the service users premises. The relatives have informed
social services that the camera is operating and also a recording is
made. Why the latter I have not yet enquired.
I need your thoughts on DPA for SSD, and implications re Human Right Act.
My current advice is to allow this to continue so long as all parties are
content with the arrangements, I am not sure that this is correct.
Advice please
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