South Carolina does not have a specific law that prohibits the use of cameras in a nursing home. Since South Carolina is a one-party consent state, as long as the resident is aware of the recording and consents to it, it is generally considered legal to have a camera in a nursing home room.
However, the question of putting a camera in a nursing home in South Carolina is unsettled and complex. Putting a camera in a nursing home room would likely violate the reasonable expectation of privacy of any roommates or social guests. Care providers don’t have the same expectations of privacy that residents do, but there may be facility policies that prevent the use of surveillance cameras.
Our experienced Greenville nursing home abuse lawyer explains the laws surrounding cameras in nursing homes.
Is It Legal To Place a Camera in a Nursing Home Room?
Whether or not it is considered legal to place a camera in a nursing home room depends on state law.
- Expressly allowed: Some states have laws that expressly allow it.
- Impliedly allowed by one-party consent laws: These states don’t have laws that directly allow nursing home room recording, but only one party has to consent for a recording to be lawful. If there’s no expectation of privacy, a surveillance video is allowed.
- Impliedly forbidden by two-party consent laws: These states require all parties being recorded to consent.
For the handful of states that have recording laws, the rules vary. The laws say how cameras must be mounted and what notice must be given. Some laws require the nursing home to provide a power outlet.
South Carolina Laws on Electronic Monitoring in Long-Term Care Facilities
South Carolina does not have a law that expressly allows cameras in nursing home rooms.
No legislative action
Most recently, House Bill 3634 would add S.C. Code § 44-7-25 to require video cameras in nursing home resident rooms. If passed, the bill would allow legal guardians of residents to monitor the camera. Video would be secure and available only to the resident, their family, and the legal guardian.
As of this writing, the South Carolina nursing home camera bill has not been enacted into law.
South Carolina is a one-party consent state
There is a federal law that prohibits intentional wiretapping or eavesdropping (18 U.S.C. § 2511). South Carolina has a similar law, S.C. Code § 17-30-20.
But South Carolina law says that intercepting communication is lawful when one of the parties to the communication consents. The communication may be via a wire, oral, or electronic means. The person recording doesn’t have to be a police officer.
Nursing home policies
With no law to forbid it, and with South Carolina being a one-party consent state, placing a camera in a nursing home room is likely legal if the resident lives alone and agrees to it. However, that doesn’t mean you should go buy audio-visual equipment just yet.
There are privacy concerns, especially if the resident has a roommate or social guests. Someone cannot record in a location where a person expects privacy; this is the Peeping Tom law (S.C. § 16-17-470). The law includes using video or audio equipment to invade the privacy of a person being spied upon.
Additionally, the nursing home facility may have policies that forbid surveillance recording.
Resident Rights vs. Privacy Concerns for Roommates and Staff
The primary concern with putting a camera in a nursing home room is privacy. Nursing home residents have the right to safe care, but privacy concerns are significant.
S.C. Code § 16-17-470 says that a person has a reasonable expectation of privacy where they reasonably would believe that they could undress without being photographed, filmed, or videotaped by another. A person has a strong expectation of privacy in a bedroom. Violating a person’s expectation of privacy may result in criminal charges or civil liability.
When Cameras May Help Prove Neglect or Abuse
Cameras may help prove neglect or abuse in a nursing home. Video images can show what people can’t remember or explain. Video may show how often caregivers tend to a resident, how the resident is treated, and any injuries that may be readily visible. Although it’s unlikely that a camera would be the only piece of evidence to prove neglect or abuse, it can provide valuable information.
Steps To Take Before Installing a Camera in a Loved One’s Room
There are important steps to take if you want to put a nanny cam in a nursing home room in South Carolina.
- Get consent from the resident. If the nursing home resident doesn’t agree to it, you can’t proceed.
- Ask if there are any roommates. If the person has roommates, all roommates must give consent and must have the mental capacity to give consent. Carefully document permission.
- Inform the nursing home what you are doing, in writing. This helps combat any future complaints that staff didn’t know they were being recorded.
- Review nursing home policies. Make sure they don’t prohibit recording.
- Don’t do more than you’re allowed to do. Don’t put cameras in the hallway or a neighbor’s room, for example.
- Talk to a lawyer. If you have concerns that a family member is being mistreated, a lawyer can help. Your family member may have a claim for nursing home abuse or neglect.
As you proceed, watch for changes in the law that may impact whether you can put a camera in a nursing home in South Carolina.
How Video Evidence Can Be Used in Legal Claims Against Facilities
If video evidence helps prove that abuse or neglect occurred, the video evidence may be used in a legal claim. The video itself may be admissible. In addition, the video may lead to admissible evidence, such as identifying people who were in the room.
There are important steps to take when admitting video evidence in a nursing home abuse case. You can expect the defense to challenge the admission of the video and whether it’s persuasive. An experienced attorney for nursing home abuse can help you gather and admit evidence.
Contact an Experienced Greenville Nursing Home Abuse Lawyer
If you or a loved one has been harmed by nursing home abuse, we invite you to contact experienced Greenville lawyer Robert “Bobby” Jones. Bobby Jones Law represents nursing home abuse and neglect victims. Call or message us now.
