Things To Know Before Installing A Granny Cam In A Nursing Home
Hidden camera technology has come a long way in recent years. Today, it is fairly easy to install a hidden camera in a picture frame or even a potted plant. For those with a loved one in a nursing home, hidden cameras may sound like a good way to keep an eye on a loved one while they are in the facility.
A hidden camera can help family members identify nursing home abuse as soon as it starts, and put a stop to it immediately. If you have thought about installing a hidden camera in a nursing home, also known as a granny can, it is important to know what the law says about such an act.
Granny Cams are Illegal in Some Situations
Under Florida’s wiretapping laws, it is illegal to intercept and disclose oral, wire, or electronic communications of another person without their consent. Anyone found breaking these laws will be subject to criminal prosecution and possibly even jail time. Many interpret these laws to mean that it is illegal to videotape any other person, but the Florida courts have disagreed.
In many decisions, the courts have determined that while the law clearly states it is illegal to record someone’s voice, making silent videotape may not be a violation of the law. As such, you should never tape someone’s audio on a hidden camera, as this is clearly against the law. Even when taking silent video, there are still some things to consider first.
Granny Cams are Sometimes Considered an Invasion of Privacy
The legal issue that surrounds hidden cameras is that of privacy. Employees and residents within a nursing home all have the right to privacy and in some instances, a hidden camera could infringe upon that right. In common areas, residents and nursing home employees do not have any real expectation of privacy and so, a hidden camera may not infringe upon their rights. However, most people that want to install a granny can want to do so in their loved one’s private room, where abuse is more likely to occur.
In this case, it becomes unclear whether an employee should have a reasonable expectation of privacy. If they are with a resident inside the room, they would not have this reasonable expectation, and even if a custodian was cleaning the room alone, they are still at work and so, also should not expect total privacy. Still, hidden cameras should never be placed in an area where full privacy is expected, such as in a bathroom.
You also have to consider that your loved one does have a reasonable expectation of privacy while in their own room. As such, you should address this by speaking to them and obtaining their consent to install the camera first.
Suspect Abuse? Our Nursing Home Abuse Lawyer in Tampa Can Help
Nursing home abuse is devastating for the entire family and if you suspect it is occurring, there are many things you can do to stop it. One of the first steps you should take is contacting our Tampa nursing home abuse lawyer at Kohn Law. Attorney Kohn will bring the compassion and sensitivity your case needs, while also holding those liable accountable for paying full damages. Call us today at 813-428-8504 or contact us online to schedule a free consultation.
