For a long time in Russia, the legality of using surveillance cameras in hospitals and other medical institutions was a matter of dispute, and court rulings on the issue were inconsistent. This was largely due to moral and ethical considerations around protecting medical confidentiality, personal data, and the privacy of staff and patients. Let's look at what rules currently govern the organization of video surveillance in healthcare facilities. We'll also cover choosing the right equipment and software.

Purposes of Video Surveillance in Medical Facilities

As a system, video surveillance installed in hospitals (clinics, sanatoriums, and preventive care facilities) serves two overarching purposes:

Ensuring Safety

Medical facilities are public spaces with large numbers of people passing through, which makes unlawful acts and interpersonal conflicts more likely. Investigations and handing over footage to law enforcement are often necessary.

Monitoring typically covers the main transit areas, such as:

  • •          Building entrances and exits, including emergency and evacuation exits, as well as gates. For more on outdoor surveillance rules, see our article “Outdoor Video Surveillance: How to Install It + 3 Services.”
  • •          Loading and unloading areas
  • •          Lobbies, corridors, and hallways
  • •          Elevators/escalators
  • •          Approaches to security rooms and areas with important medical or resource-supply equipment

Gathering Professional Data

Experts point to a number of professional purposes that video surveillance in medical facilities serves, namely:

  • •          Counting visitors
  • •          Monitoring staff performance to improve the quality of medical care provided (proper treatment of patients, compliance with protocols, tracking of working hours)
  • •          Collecting professional footage for training purposes, academic research, and improving procedures
  • •          Real-time monitoring of patients, especially those who are seriously ill (functioning like a baby monitor). Modern technology allows doctors, care staff, and relatives to be given remote access to specific cameras installed in particular rooms.

The Letter of the Law

Before 2015, the legality of video recording and surveillance in medical facilities was an open question with no unified legal regulation.

Today, video monitoring on the premises of medical facilities is governed by Government Decree No. 272 (which took legal effect on September 25, 2015).

As public facilities with mass occupancy (more than 50 people), healthcare institutions must comply with the requirements of anti-terrorism protection law. The main requirement is continuous video surveillance with the ability to store footage for at least 30 days. Cloud storage is well suited for this purpose.

In addition, video surveillance in hospitals, clinics, and medical centers involves a number of finer points.

Do Visitors Need to Consent to Being Filmed?

Visitors to medical facilities often ask: “Does video surveillance in a hospital violate the Personal Data Law?”

Roskomnadzor's answer: if the footage isn't shared with anyone for the purpose of identifying a person, it doesn't qualify as biometric personal data. As a result, it doesn't fall under the scope of the Personal Data Law, so clinic visitors' consent to being filmed isn't required.

A medical facility's administration is still required to notify visitors that video surveillance may be or is being conducted, using text or graphic notices.

The Employer's Obligations Regarding Video Recording

The procedure for recording, the retention periods for footage from medical staff's workstations, and the list of authorized and responsible individuals with access to the video archives are all determined by the medical institution's internal (local) policies.

Staff members of a medical institution are required to provide written consent to the processing of their personal data and to being filmed.

Under the Labor Code of the Russian Federation (Article 22), an employer has the right to require employees to perform their job duties and to monitor their work activity.

Is Video Surveillance of the Treatment and Diagnostic Process Allowed?

The answer is yes. Under Federal Law No. 152 (specifically Article 10, Part 2, Clause 4), video surveillance is permitted in doctors' offices at medical facilities, provided the following conditions are met:

  • •          The purpose of the surveillance is prevention, diagnosis, or the provision of medical and medico-social services
  • •          The data may only be processed by a qualified physician, who is required to maintain medical confidentiality under current Russian law
  • •          Patients voluntarily sign an agreement consenting to the processing of their personal data (either as a separate document or as part of the service agreement)

A Patient's Right to Film Their Doctor

There's no legal prohibition on filming a doctor while they're working, but there is a requirement: the footage may only be used for personal purposes (for example, to refresh one's memory of the doctor's recommendations).

That said, the legal restriction on publishing the footage doesn't apply if the doctor engaged in unlawful conduct on the job (such as using obscene language, using physical force, or engaging in indecent behavior).

Choosing Equipment and Software

Video surveillance in clinics and hospitals should meet the following criteria:

  • •          High image quality. It's preferable to use equipment with facial recognition capabilities
  • •          Reliable, uninterrupted operation under various conditions (outdoors and indoors, and after dark)
  • •          A backup power supply to keep the system running for at least 20 minutes in the event of a power outage
  • •          Footage retention for 30 days or longer. Cloud video surveillance is best suited for this purpose. For more details, see the article “Cloud Video Surveillance: 10 Benefits of the Technology.”
  • •          The ability to integrate with other systems and equipment
  • •          An automated operating mode, including automatic system updates (to improve security and reduce the burden on the person monitoring the footage)

Summary

The presence of surveillance cameras in medical clinics is driven by current public safety regulations. In addition, footage can be used to gather professional data that later benefits medical science and helps improve the quality of care. Major Russian hospitals and clinics are increasingly investing in intelligent video analytics.