Commissioner for Information of Public Importance and Personal Data Protection, Rodoljub Sabic, appealed in his letter to the Minister of Health, Dr Zlatibor Loncar, to undertake measures to ensure that video surveillance in psychiatric institutions is established and functioning in a lawful manner, complying equivalently with its actual purpose.
In response to the application of some employees, the Commissioner had conducted a supervision procedure over the implementation and enforcement of the Law on Personal Data Protection in the Clinic for Psychiatry at the Clinical Center of Serbia. The applicants pointed to the ethical, professional and legal implications of the processing of personal data through video surveillance, in particular to the issue of the use of such surveillance over patients in relation to the possible adverse events, stating that such surveillance is not being carried out at the Military Medical Academy, due to a negative psychiatrists’ stance.
In the supervision procedure, it was determined that the video surveillance cameras were installed in all rooms where patients stay, including rooms, living rooms, the work-therapy rooms, corridors, and even though it is particularly delicate, in the interior of the restrooms. Safety prevention, prevention of self-inflicting or causing injury to other persons by patients and the protection of the property of the Clinical Center, were listed as the purpose of this type of processing, with evidences of incidental events, and reinforcing that the respective legal basis were the provisions of the the Law on Private Security.
However, in direct contradiction to the above purpose, is the fact that none of the medical staff monitored the image from the cameras in real-time, and that nobody was responsible for that. There was also the same problem in relation to the mentioned legal basis, since during the procedure it was found that the patients had not been informed about the video surveillance beforehand, and that the Clinical Center did not possess acts related to the risk assessment, or any other relevant acts within the meaning of Article 34, of the Law on Private Security, that would make such data processing permissible.
In the past two years, the Commissioner conducted supervision in several psychiatric institutions and was able to face the practice which was pretty uneven and diverse. Thus, for example, in contrast to the aforementioned MMA which has no video surveillance, some other institutions, like for example, the Special Psychiatric Hospital SVETI VRAČEVI in Novi Knezevac, has it. However, patients were previously informed about the existence of the system, and medical staff continuously monitor the images from the cameras. The cameras are placed in parts of the building where patients could be dangerous to themselves and the environment, with acute conditions, etc., as well as new patients who need special assessment, while other rooms are not under video surveillance, especially the premises where the photographing would represent a gross intrusion into privacy.
The Commissioner believes that it is necessary to provide legal, purposeful and uniform practice, while being always aware of the fact that patients with mental disorders, in accordance with the Law on the Protection of Persons with Mental Disorders, have and retain, in all specific circumstances, the right to a humane treatment and respect of dignity, including also the right to privacy, which is why the Commissioner expects the Ministry to take measures to ensure the aforementioned.
