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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3128
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Is it against the law to request that an assisted living facility

Customer Question

Is it against the law to request that an assisted living facility install a video camera in my 92 year old father's room because of a recent caregiver related incident that is probably beyond elder abuse? I was told today that it is unlawful by the director there.
Submitted: 4 years ago.
Category: Legal
Expert:  Thomas Swartz replied 4 years ago.
Hello JACUSTOMER,

It would not be against the law to simply make the request to install the video camera. Additionally, if your father consented to have the video camera present, and assuming there are no other residents present in that room it would not be illegal to have the video camera. It is illegal to place a video camera in places where people have an expectation of privacy. But if there is no other resident present, and your father consented to have the camera there would be no issue of privacy involved.

Of course since it is the facilities premises they do not have to grant your request. But it would not be illegal if all parties consented to have the video camera present.

Thomas
Expert:  Thomas Swartz replied 4 years ago.
Hello JACUSTOMER,

Is there anything else I can assist you with concerning your question?

Thomas