Photography, Video and Audio Recording for Non-Clinical Purposes on Aneurin Bevan Health Board Premises - Policy in Relation to Patients, Visitors, Staff and Other Members of the Public N.B. Staff should be discouraged from printing this document. This is to avoid the risk of out of date printed versions of the document. The Intranet should be referred to for the current version of the document. Approved by: Formal Executive Team Review by date:15 January 2016
Contents 1 Introduction & Purpose...2 2 Policy Statement...2 3 Aims and Objectives...2 4 Scope...3 5 Principles...3 6 Compliance...4 7 Roles and Responsibilities...5 8 Review...6 Page 1 of 6
1 Introduction & Purpose 1.1 In recent years, advances in technology have meant that photographic, video and audio capabilities have been incorporated into a variety of electronic devices such as mobile phones, gaming devices and computers (including notebooks, netbooks, tablets / pads); thus increasing the opportunity for people to take pictures, videos or audio recordings of patients, visitors, staff and others whilst on Aneurin Bevan Health Board premises. 1.2 These devices often also facilitate the sharing of recorded material almost instantaneously by direct electronic transfer or by upload to the Internet, to social networking or video / image-sharing sites, where it may be viewed and commented on by others. This presents a risk to the privacy and dignity of people, especially patients. 1.3 This policy aims to reduce the risks posed to people s privacy and dignity by the use of photographic, video and audio recording devices on Health Board premises. 2 Policy Statement 2.1 Whilst remaining sympathetic to the need for people to use mobile devices while on its premises, the Aneurin Bevan Health Board recognises its duty of care to ensure that the privacy and dignity of patients, visitors, staff and others are protected. 2.2 In order to maintain dignity and privacy, the personal recording of audio or images by patients, visitors, staff and others whilst on Health Board premises must only be undertaken: with the informed consent of the individual(s) being recorded; with the approval of a senior member of staff e.g. Ward Sister, Ward Manager or local site manager; and ensuring that no other person is deliberately or accidentally recorded at the same time. 3 Aims and Objectives 3.1 This policy aims to protect patients, staff and others whilst on Health Board premises. 3.2 This policy aims to reduce the risks posed to people s privacy, and dignity. Page 2 of 6
3.3 The policy supports the Health Board Information Security Management System (ISMS) and complies with good practice and recognised legal and statutory requirements. 4 Scope 4.1 This Policy applies to all patients and visitors; all Health Board staff; locum staff; students; trainees; secondees; volunteers; contracted third parties and others (permanent or temporary) whilst on Health Board premises. 4.2 The term recording refers to all photographic, video and audio recording, whether by digital means or by still or movie film camera or tape recorder. 4.3 This policy applies on all Health Board premises, and to Health Board staff engaged in Health Board business. on other premises. 4.4 This policy does not address the use of audio / video recording for clinical or teaching purposes by Aneurin Bevan staff. This is dealt with in a separate policy: Recording of Patients - Use & Storage of Audio Recordings and Images Policy. 4.5 The following Health Board policies may also be more relevant in certain situations: Internet Policy; Telephone Use Policy; Protocol for the Use of Mobile Phones and Other Communication and Recording Equipment in Hospitals. 5 Principles 5.1 It is likely that patients, visitors, staff and other members of the public will almost certainly bring mobile telephones, cameras and other mobile electronic devices into Health Board premises that are capable of capturing audio and photographic images. People may use such devices for personal use e.g. the contacting of family or relatives during their stay in hospital or the photographing of a new born child by family and friends. 5.2 The recording of audio or images by a patient, visitor, member of staff or other member of the public on Health Board premises can only be undertaken with the informed consent of the individual being recorded and with the approval of a senior member of staff (e.g. Ward Sister, Ward Manager or site manager). Notices prohibiting unauthorised photography should be displayed in all patient areas. Page 3 of 6
5.3 Where the subject does not have capacity to consent then this may be provided by a recognised advocate e.g. immediate family member. 5.4 Where recording occurs, staff have the responsibility to ensure that all dignity and privacy considerations have been taken into account e.g. the physical and emotional condition of patients or others in the immediate vicinity. 5.5 The use of mobile telephones or other mobile electronic devices may be prohibited altogether in some areas. Notices to this effect should be clearly displayed in these areas and staff should ensure that they are brought to the attention of patients, visitors and others entering these areas. 5.6 Patients, visitors and the public should be made aware that they should not include anyone in a photograph or recording who has not given express consent to be photographed or recorded. Unauthorised publishing of recordings can result in civil and / or criminal action. 5.7 It should be made clear to patients and visitors that permission to photograph or record may be withdrawn at any time at the discretion of a senior member of staff. 5.8 Strict guidelines are in place for the recording of patients by staff for clinical and / or teaching or public relations purposes (see Recording of Patients - Use & Storage of Audio Recordings and Images Policy). Outside of a clinical context, staff may only undertake to photograph or record a patient or visitor at the request of the patient or visitor and they may only do so using the patient or visitor s own recording equipment and with the approval of a senior member of staff. Staff should ensure that any images they do capture do not include patients, visitors or others who have not consented to being recorded. 5.9 Staff may not post any content on the Internet containing personal photographs or video or audio recordings of patients, or people linked to patients, or other staff members on Health Board premises or in a work setting. 6 Compliance 6.1 It is not practicable or desirable to forbid the carrying of all cameras or mobile electronic devices on Health Board premises, or to remove them for safekeeping. However, any person found to be recording without the subject's consent or the permission of staff, should be asked to stop immediately and either obtain consent and appropriate approval for any Page 4 of 6
recordings already captured, or delete any recordings that have been saved. 6.2 When challenging the inappropriate use of mobile phones or other image or audio recording devices, staff must be mindful of the Health Board Policy and Guidelines on Violence and Aggression towards Staff, and in particular should not take any unnecessary risk or knowingly provoke any person. 6.3 In the case of visitors or other members of the public, continued failure to cooperate with staff requests will result in individuals being asked to leave the premises by a senior member of staff. Depending on the circumstances, the support of Security staff or the Police may be required. 6.4 Where a member of staff believes that a serious incident has occurred then this must be reported using the Incident Management Reporting processes. A formal investigation may be undertaken and where the recording amounts to a suspected criminal act, the Health Board will inform the Police and any other relevant authorities. 6.5 Where a member of staff knowingly allows, or is actively involved in, a breach of this policy, as in the deliberate recording of patients or other staff members without their consent or in an inappropriate manner, or the unauthorised publication of any such material in the public domain, they may be subject to disciplinary action up to and including dismissal, depending on the individual circumstances of the case. 6.6 Where images or recorded material enter the public domain and pose a legal or reputational risk to the Health Board, then the Board Secretary and / or the Head of Communications should be informed at the earliest opportunity. 7 Roles and Responsibilities 7.1 Staff 7.1.1 Staff are responsible for their own actions and must: Inform patients, visitors and others about the policy; Be vigilant to ensure adherence to the policy; Adhere to this policy and any associated policies, protocols and procedures; Report incidents or breaches of the policy to appropriate managers as quickly as possible; Page 5 of 6
Discuss any identified risks and data protection issues with the service manager or Information Governance Steward; Report incidents using Aneurin Bevan Health Board incident reporting procedure 7.2 Managers 7.2.1 All managers are directly responsible, ensuring that: There are systems in place in their area of responsibility (e.g. notices, documentation) to ensure that all relevant staff are aware of this policy and its content: Staff are trained appropriately; Staff are made aware of any changes to policies and procedures; Reported incidents are properly investigated and resolved; Information security risks are assessed and acted upon to reduce those risks; 7.3 Head of Information Governance 7.3.1 The Head of Information Governance has delegated responsibility for managing the implementation of the Information Security Management System (ISMS) of which this policy forms a part and will: Maintain the Policy and its associated policies; Investigate major breaches and incidents; Provide advice and direction about this policy. 7.4 Assistant Director Informatics 7.4.1 The Assistant Director Informatics will have responsibility for the management of the investigation process when the Head of Information Governance is unavailable for a period greater than two days. 8 Review 8.1 This policy will be reviewed 2 years from approval or sooner if: there is a major breach of this policy; there are changes to relevant acts or guidance; 8.2 For further information on this Policy, or on any matters relating to it, contact the Health Board s Information Governance Unit. Page 6 of 6