Can we hide a camera in a retirement home?

Is it legitimate to hide a camera in a retirement home?Can the concern of a family, faced with possible mistreatment, justifies filming caregivers without their knowledge?These are the ethical questions that arise after the revelation last week of very serious facts in a accommodation establishment for dependent elderly people (EHPAD) in Arcueil (Val-de-Marne).A 57-year-old nursing assistant is accused of having brutalized and insulted a 98-year-old resident during the night.Order, he appeared on Friday February 15 before the court of Créteil, which sent his trial on March 22 before keeping him in detention.

Mistreatment ignored by the EHPAD,

It is because they suspected mistreatment, visibly ignored or underestimated by the management of the EHPAD, that the children of the old lady concealed a camera in her room and that they discovered acts of violence."Given the circumstances, I find it legitimate," said Joëlle Le Gall, honorary president of the National Federation of Associations and Friends of the elderly and their families (FNAPAEF)."When a family suspects mistreatment, it must alert management.But if nothing is done, we can understand that relatives of a vulnerable person want to protect him, "adds Joëlle Le Gall.

For Pascal Champvert, it is difficult to have a "serene ethical reflection" in the context of this Val-de-Marne affair."Because no one can dispute that it is thanks to the camera of this family that this dangerous individual has been ruled out," said the president of the Association of Directors in the Service of the Elderly (AD-PA)."My first reaction would therefore be to say that the initiative of this family, certainly questionable, made it possible to put an end to acts far more serious.But you also have to detach from the context.And in the end, I still think that filming caregivers without their knowledge cannot be the solution, ”he adds.

Le signe d’une « confiance totalement rompue»»

This is also the opinion of Alice Casagrande, vice-president of a commission on the good treatment set up in March 2018 by the government."To get to hide a camera, confidence in the establishment or caregivers must be completely broken," she said.And in this case, the wisest is undoubtedly to find another structure.Getting involved in a video surveillance mechanism creates a climate of distrust such that the relationship between the different parties becomes impossible.»»

In 2014, this subject was mentioned at a conference in Paris.Marie Ève Bouthillier, head of the clinical ethics unit of the Laval Health Center (Quebec), then told the case of a son who had installed a camera in her mother's room suffering from Alzheimer's disease. « Cacher une caméra donne un faux sentiment de sécurité à la famille,»» expliquait alors cette responsable à la Croix."In fact, we see that it always ends up being discovered and provoking a deep break in the relationship of trust with the healthcare team," she added.In the case of this lady, the people who took care of her on a daily basis have terribly experienced the fact of having been spied on without their knowledge.They felt salted.»»

« Assurer la sécurité des usagers»»

In March 2018, Quebec voted, however, a law authorizing families to pose a camera in the room of a long -term care accommodation center (CHSLD). « La caméra n’est pas pour juger mais plutôt pour assurer la sécurité des usagers»», avait alors expliqué la ministre québécoise des aînés.The unions have tried to oppose it on behalf of respect for the privacy of employees.

« Mais le législateur a estimé que le droit des employés passait après celui des personnes vulnérables d’être protégées, explique M^e Jean-Pierre Ménard, avocat à Montréal.At the start, the establishments wanted a pictogram to be affixed to the entrance to each room with a camera by the family.But we obtained that the pictogram was placed at the reception to say what some rooms could have a camera.But without the staff knowing which.»»

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What the law says

A home camera.There is no specific text on the use of cameras in nursing homes.But the law authorizes an individual to install it at his home to ensure its security.However, he must respect the privacy of neighbors, visitors and passers -by.

The case of home employees.If an employee keeps children at home or if medical staff intervenes daily at home to treat a person, the rules of the labor code apply according to the IT and freedom commission (CNIL)."These people must be informed of the installation of cameras and their goal. Les caméras ne devront pas filmer les salariés en permanence pendant l’exercice de leur activité professionnelle»», ajoute cette instance.