November 22, 2017

Draft regulation respecting the use of monitoring mechanisms (video cameras or other) by residents in CHSLDs

Corps

In a letter to Francine Charbonneau, Minister responsible for Seniors and Anti-Bullying, the Québec Ombudsman commented on the draft Regulation respecting the terms governing the use of monitoring mechanisms by a user sheltered in a facility maintained by an institution operating a residential and long-term care centre (CHSLD). The Québec Ombudsman subscribes to the draft regulation, but made recommendations to ensure that the terms fully secure respect of the rights of everyone concerned.

Communication of information to the Québec Ombudsman

The draft regulation provides that the communication of recordings must be restricted and be done in such a manner as to protect the identity of the people whose picture or voice was captured. This restriction does not apply when the recording is transmitted to the institution or to the institution’s service quality and complaints commissioner.

Given its role in handling complaints and reports, the Québec Ombudsman considers that it should be added to the list of people or organizations to whom or which the restriction on communication does not apply. It therefore made a recommendation concerning this subject.

Protection of the rights of everyone concerned

To protect the rights of everyone concerned, notably the right to dignity and privacy, the Québec Ombudsman recommended that the draft regulation specify how institutions may intervene in cases of repeated or ongoing violation of the draft regulation (for example, public dissemination of an image) or refusal to comply with the regulation.