Checklist Surveillance

Checklist– Surveillance

Surveillance refers to the monitoring of a place, person, group, or ongoing activity to gather information. It is sometimes used in care home settings to improve security, usually in the form of CCTV camera systems. It can also be used to improve the safety and care of service users.

The decision whether to use surveillance is for care providers to make in consultation with the people who use their services, and with families, carers, trade unions and staff.

The Care Quality Commission (CQC) has published information on surveillance:Using surveillance: information for providers of health and social care on using surveillance to monitor services. The document does not give guidance on whether or not providers should use surveillance systems, and the CQC does not require providers to do so. It does, however, give advice on how providers ensure that any systems they use are ethical, comply with the law, follow best practice and do not intrude on the privacy of service users.

Checklist item / Yes/No / Notes
Does the home have a designated individual who is responsible for operating any surveillance systems and for protecting, managing and controlling the information obtained using surveillance?
Are alternatives always considered before choosing to use surveillance?
Are the advantages and disadvantages of using surveillance considered, including any possible impact on privacy and levels of trust?
In each case where surveillance is considered, has the home made ajudgment of what information the use of surveillance is likely to capture, and how sensitive that information is?
Has the home considered, and kept under review, whether any planned use of surveillance is likely to comply with the conditions for processing personal data under the Data Protection Act?
Has the home considered, and kept under review, the likely impact of any planned use of surveillance on the privacy of service users or others?
Is a risk assessment or privacy impact assessment carried out for each use of surveillance which considers the needs and interests of service users?
Have existing uses of CCTV and surveillance been made subject to regular review to ensure these remain appropriate?
If covert surveillance is used, is it kept under continuous review and limited in time and purpose, i.e. used to deal with an identified problem and not put into regular ongoing use?
Has a consultation about any use of surveillance been held with service users, their families and friends, staff, trade unions and other people who visit?
Has any consultation with these people been designed to understand and uncover any privacy concerns?
Have the steps taken in any decision to use surveillance been documented as evidence in case this needs to be shown to a CQC inspector?
Does the documentation show how the service has addressed any privacy concerns in coming to a final decision about the use of surveillance?
Has the home considered conducting a consultation on any continued use of surveillance systems?
Is information obtained or recorded through the use of surveillance kept secure? Is access to it restricted to authorised personnel only and does anyone with authorised access to the information understand their legal responsibilities?
Are CCTV cameras sited and designed so that they are not obtrusive and do not impact on service users’daily lives and privacy?
Is all equipment used suitable, safe and properly maintained?
Are all staff who will be responsible for and operate the CCTV system or other surveillance systems fully trained in their appropriate use, including training in the lawful and appropriate storage and use of information?
Are CCTV systems operated in compliance with all legal requirements and with good practice guidance, such as the CCTV code of practice?
Where the use of telecare is considered, which could constitute surveillance, is any use fully discussed with the service user and their relatives and explicit informed consent obtained?
Does the home have suitable registration with the Information Commissioner’s Office as a data controller where this applies?
Are there clear policies and procedures in place for handling requests for access to recorded information, on sharing and disclosing information, and on handling complaints about the use of surveillance?
Where service users lack mental capacity to understand or consent to the use of surveillance, have any decisions been made in accordance with the statutory principles of the Mental Capacity Act 2005?
Additional service specific checkpoints:

Checklist signed:

Dated:

Notes:

The Information Commissioner’s Office publishes guidance on conducting a privacy impact assessment to use when considering surveillance: Conducting privacy impact assessments, ICO, 2014:

The Information Commissioner’s Office can also provide links to the Surveillance Camera Commissioner and the CCTV code of conduct, which operators should follow:In the picture: A data protection code of practice for surveillance cameras and personal information, ICO, 2014: