Granny Cams: The Right to Privacy vs the Right to Not Be Abused

As the baby boom generation ages, and the nursing home population increases, so are the incidents and reports regarding nursing home abuse and neglect.

Many families, concerned that their elderly loved one is being abused, have taken the steps to install hidden cameras – often referred to as “granny cams” – to monitor the safety of their elderly family member.

But along with the increased use of these hidden cameras come questions regarding privacy issues for other residents of the facility and how to balance those rights with preventing elderly abuse.

Nursing Home Abuse

It is because of those concerns that a group was formed to help recommend policy to the Minnesota Legislature regarding what regulations should be in place to protect all those involved.

The decision by lawmakers to convene the 17-member panel, which was comprised of elder care advocates, state health officials, and industry representatives, was formed after several high-profile cases of nursing home abuse were exposed because family members had installed hidden cameras when they suspected abuse.

In one of those cases, a woman installed hidden cameras in a nursing home when she noticed bruises and cuts on her father. The footage from those cameras later revealed two employees punching the man repeatedly in his face and stomach.

In another incident at a different Minnesota nursing home, a family’s hidden camera footage revealed an employee hitting the elderly patient in the head, again repeatedly.

Where Do State Laws Weigh In on Hidden Cameras

Under current Minnesota law, there are no regulations regarding the use of hidden cameras or electronic monitoring devices in nursing homes. This means that any family who suspects abuse can install hidden cameras without telling anyone.

Many of these devices also provide a live feed to smartphones or other electronic device which then allows the family to watch what is going on in “real-time” in their loved one’s room. If there is abuse occurring, the footage is often used by law enforcement as evidence in prosecuting the abuser.

As the use of these cameras become more widespread, other states have also begun to look how the law should address the use of these devices. Illinois recently passed a law requiring that all nursing home residents give consent before surveillance equipment can be used, as well as notification to the facility.

Texas and Oklahoma both require that notices be posted notifying residents and anyone else that monitoring may be taking place.

However, some states are encouraging the use of hidden cameras. New Jersey, for example, actually offers the use of cameras for free for up to 30 days for anyone who suspects nursing home abuse.

Panel Recommendations

In its 46-page report, the group recommends that the use of hidden cameras or any other types of electronic surveillance equipment should only be allowed if all the residents in the room where the equipment is located have consented.

The report also addresses situations where a nursing home resident may not be competent to make that decision themselves and recommends that a legal representative of that patient would have to give consent.

Attorney Chad McCoy commented, “Besides informed consent, the resident should also have the right to place limits on the locations of the devices, as well as when those devices should be turned off to allow for the resident’s right to privacy.”

The group was unable to come to an agreement on whether or not the facility should be notified of electric monitoring, like what is required under Illinois law.

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