The data privacy lawyers at The Lyon Firm are investigating a range of personal privacy violations on behalf of Americans in long-term care facilities and hospital patients nationwide. We are actively reviewing allegations of hidden cameras and remote patient tracking used in healthcare settings that may violate HIPAA statutes, CIPA and other state laws. Contact our attorneys for a free consultation and case review.
Hidden Cameras in Hospitals & Nursing Homes
Whether patients realize it or not, many long-term care facilities and hospitals across the country are constantly tracking them with hidden cameras and other remote patient monitoring devices. In fact, there are specific healthcare software platforms that specialize in tracking patients, sometimes with the help of AI technologies, to assist healthcare entities. They may use hidden cameras for patient observation, which are connected to a server that may collect and store that data with the rest of an individual’s personal health information.
Hospitals implementing hidden camera surveillance, however, may face legal challenges, particularly concerning patient privacy under HIPAA and state laws that protect individuals from unreasonable searches, which extend to healthcare settings like patient rooms in hospitals and nursing homes. State laws often prohibit video surveillance in areas where individuals have a “reasonable expectation” of privacy.
HIPAA Violations and Hidden Camera Evidence
Are these HIPAA Violations? Well, surveillance cameras do have their place in healthcare settings, and they can provide patients with necessary security and care, but collecting footage with hidden cameras that includes protected health information (PHI), improperly storing of the footage, or using it for purposes beyond patient care without prior consent can constitute violations and grounds for legal action.
Hospitals and long-term care centers have a duty to ensure cameras and video surveillance systems comply with HIPAA’s Privacy and Security Rules, which involve obtaining informed consent from patients, securing access to recordings and implementing reasonable privacy policies and procedures.
Hospital cameras, for the most part, should be fixed in public areas and strictly avoid private areas like bathrooms and changing rooms. In a lawsuit filed against Sharp Grossmont Hospital in California, dozens of women claimed motion-activated cameras installed in operating rooms recorded them during sensitive procedures like childbirth and examinations without their informed consent.
In addition to not informing the patients of the hidden cameras, the lawsuit alleged that the hospital’s subsequent storage of the recordings was negligent. The patients sued the hospital for invasion of privacy, breach of fiduciary duty, negligence, negligent infliction of emotional distress, and unlawful recording of confidential information. The hospital claimed the recordings were placed in the rooms for security purposes but later settled the case in the face of legal pressure.
In a more recent hidden camera lawsuit involving a healthcare entity, a former employee at the Northwell Health Sleep Disorders Center allegedly placed hidden cameras disguised as smoke detectors in bathrooms, potentially recording patients, staff, and visitors.
It’s common for healthcare facilities to install cameras for security surveillance, and completely acceptable when placed in public spaces to help thwart any safety threat on the premises. Moreover, cameras can serve as tools to help monitor certain high-risk patients or patients at risk of harming themselves or others. But informed consent and transparency are the key to making these practices legal.
Some states have different laws dictating what types of hospital facilities and rooms can have cameras; there is no universal hidden camera law. But the most cited statute, the Health Insurance Portability and Accountability Act (HIPAA), requires staff to obtain written consent from patients or their legal guardians before installing a camera in their room.
Common Places Hidden Cameras Have Been Found in Medical Facilities
If you are ever worried about any hidden surveillance, you can ask hospital staff if there is a camera in the room and whether the recording device can record audio. Audio recordings are generally prohibited since they can increase the risk of privacy issues and unintended eavesdropping.
It is much more likely to find cameras in hallways corridors and waiting rooms, and it’s common for urgent care clinics and emergency room (ER) departments to have surveillance cameras in waiting areas, since they are accessed by the public. In public areas, cameras are usually visible.
Patients who do consent to being recorded should know that HIPAA requires that authorized staff should only access or view patient footage to carry out essential job functions.
How to Prove a Hidden Camera Claim Against a Hospital
Evidence is key and may include:
- Photographs or physical retrieval of the camera device
- Witness statements from staff or other patients
- Video or audio files obtained from the device
- Expert testimony on privacy standards and violations
An experienced privacy attorney can help secure, preserve, and present this evidence effectively.
Steps to Take if You Suspect a Privacy Violation:
- Document your suspicions (photos, written notes, timelines).
- Avoid tampering with suspected devices—contact law enforcement or legal counsel.
- Request copies of your medical records and any facility surveillance policies.
- Consult a privacy or medical malpractice lawyer as soon as possible.
Select a lawyer experienced in privacy law, HIPAA violations, and healthcare litigation. Look for a proven track record in patient rights cases, familiarity with both federal and state privacy statutes, and strong negotiation and trial skills.
