legality of photographing in workplace

LPN1974, LPN · May 14, 2006

what is the legal consequences of photographing instances of previous shifts work to provide examples of what is perceived as poor care .This involves photographing a client in long term care who would not be able to provide consent.Dont think that relatives consent has been given.

You'll have to have consent from the patient or their legal guardian.

It would be an invasion of privacy otherwise.

Could cause you alot of trouble if you do it without consent.

knockandhello · May 15, 2006

This practice has been occurring ,by all accounts for sometime now.From what I have been told it is the night shift only that it is targeted.I have been told this by the person that takes the photographs that certain instances are photographed.It seems that the next shift that comes on reports any instances they are unhappy with and the camera comes out.I know one instance where a continence pad had come undone and another complaint are people in wet beds by the time day staff get to themThe same thing occurrs on commencement of our shift but these people are incontinent and it can be expected.With showers to be started at 6am last turns at 6 am and bed checks at 6am I have no control over clients bladders and bowels after their last check.It just seems nitpicking fingerpointing .Does this occurr in all nursing homes?Staff on nights work hard do their best and it is demoralising to have this constantly in the back of your mind.Some are now talking of looking elsewhere for employment.I know there has historically been some disharmony between night shift and day shift but this seems to be taking things to the extreme.

nambour51 · May 15, 2006

Consent would be required if a person (patient or staff member) could be identified. What is being done with the photos? I think it would be unethical to take photos without a valid purpose. Is management aware that photos are being taken? Are these accounts of alledged poor care being formally reported? what is the real issue here? Some staff not pulling their weight? not enough staff? personality clash? Management not acting on complaints? Document all care provided to protect yourself and avoid being caught up in the 'blame game'.

gwenith, BSN, RN · May 17, 2006

This sounds like a toxic work environment - contact the union and SOON! Write it up, including the threats of photographs, and how that makes you feel (you have made a good start here). This is NOT about protecting the patient - this, by the sounds of it is bullying and THATm definitely is an issue you can act upon.

Secondly if they are taking photographs of incontinence pads, especially if those pads are insitu - then this is invasion of privacy and can be reported to the authorities. But, one of the things I would do is speak to your supervisor, do not assume that they are aware this is going on, simply speak to them, They may be more horrified than you are!!