DAL 15-10: Security/Surveillance Cameras

June 23, 2015

DAL 15-10

SUBJECT: Security/Surveillance Cameras

Dear Administrator:

Many adult care facilities are utilizing security/surveillance cameras. The purpose of this correspondence is to provide guidance regarding the use of video surveillance equipment in Adult Care Facilities.

Facilities wishing to use, or those who are currently utilizing surveillance equipment, must have policies and procedures for the use of these devices. These policies and procedures should address retention of the surveillance, how the resident and their family or representative will be informed of the surveillance equipment, at admission and thereafter, the installation, placement and use of the devices, all applicable facility rules governing resident conduct and responsibilities as well as training, annually or more often as necessary, for facility staff regarding resident privacy. Surveillance equipment should be limited to public areas within the facility and not private resident rooms.

Facilities should be reminded that the use of the surveillance system must not serve as a substitute for adequately trained staff or for the provision of required supervision and must not infringe upon the privacy of the residents.

Per NYCRR 486.1(e), Department surveillance staff must be granted access to the recordings in whatever medium (tapes, digital, etc.) they may be maintained, when asked, in order to perform their investigation.

If you have any questions or concerns, please contact your Regional Office.

Sincerely,

Valerie A. Deetz, Director
Division of Adult Care Facility/Assisted Living Surveillance