European Journal of ePractice

Although the positive effect from the use of cameras in eHomecare on patients has been demonstrated, it also makes care more privacy intrusive: capturing us on film in our most personal, most intimate environment, our own home. This paper examines the protection of the patient, on the one hand, and occasionally filmed persons, on the other, when using video monitoring systems in eHomecare. Three protective mechanisms will be discussed in this specific setting: the right to protection of personal data, the right to privacy and the right to personal portrayal.
First, images and sounds from a patient made with an observation camera are protected by the Data Protection Directive. There is, however, discussion going on with regard to the protection of occasional visitors. Discussion also arises with regard to the protection of the processed data as sensitive data. The patient's data are likely to be qualified as health data, and thus protected more stringent. Data of occasional visitors are, in contrast, most likely not to be thus qualified. Secondly, the patients themselves will undoubtedly also be protected under the broader right to privacy, but occasional visitors risk to fall by the wayside. Last but not least, the images will also be protected by the right to personal portrayal when the captured persons are recognizable.
Due to these three protection mechanisms, the use of cameras as a next step in eHomecare will currently have to be based on the consent of the patient. Whether or not occasional visitors need to be warned about the use of cameras is, however still open for discussion.