a hidden camera or other recording equipment in a care home or other
care service is a big decision. It can affect people’s privacy and
dignity. And it can have legal consequences as well.
It could help set your mind at ease about the care your loved one
receives or even help identify poor care or abuse. It could also intrude
on other people’s privacy so there are some important things to
Try to raise your concerns first
If you are worried about somebody’s care, you should first raise
these concerns with the provider of the service. The provider should
investigate your concerns.
You can also raise concerns with us or (if the care is funded by
them) your local council. We will always listen to what you say. You do
not need to send us camera or sound recordings.
Consider the legal risk
Staff at the care service or people visiting your loved one may be
uncomfortable being recorded. They may feel it breaches their rights and
could take legal action.
The Information Commissioner could also investigate and take enforcement action.
It’s important you consider any legal risks and what you can do to reduce the impact on people’s privacy.
This information is not legal advice. It’s best to get legal advice before you do anything.
Check the provider’s policy
If you tell a care service you are worried enough to be considering
using recording equipment, we would expect them to investigate your
Some care services have rules on recording equipment to protect
people’s privacy. Installing equipment without the provider’s knowledge
could break the contract you have with them so it is important to check
If the staff at the care service removes your recording equipment,
they must return it to you and not damage or destroy it. They should not
ever refuse to treat someone or care for them properly because this
kind of technology is being used. If they do, you should report them to
You should only use recording equipment with the permission of the
person whose care you are concerned about. It’s important they agree to
the use of the technology. Just because somebody does not object to it
does not mean they agree to it.
When you get their permission, it is a good idea to explain who you
plan to share the recordings with and to write down what you have
If they are unable to give permission (for example, if they have
dementia and cannot make these kinds of decisions) it is important that
you feel sure that you are doing the right thing. In other words, acting
in their best interests.
Store the recordings securely
You should make sure you keep the recordings secure. Make sure they
are not tampered with or shared with anyone who does not have a good
reason to see them. For example, if you use a camera that sends images
over the internet, choose a secure system and a strong password. Do not
share the password with anyone.
The Information Commissioner’s Office has some advice on the General Data Protection Regulation (GDPR).
Last updated: 14 November 2018