Imagine this scenario, you’ve hired in-home care to support your child, partner, or aging parent. One day, you discover that the caregiver has used their cellphone or another digital device to take photos or videos of your loved one right inside the privacy of your home. Worse yet, that content has been posted or streamed online without your consent.
Unfortunately, given the ubiquitous use of cellphones, this isn’t just a hypothetical. We’ve helped several families navigate this very situation. It’s upsetting, intrusive, and, in some cases, potentially unlawful. That’s why it’s so important for parents and caregivers to understand the policies and protections that should be in place when using in-home care services.
When hiring an in-home care worker, whether through a private company or another organization, take the time to ask about their policy on personal technology use while on the job such as:
- Does the company have a clear policy around employees using personal devices during work hours?
- Are there rules in place that prohibit recording, photographing, streaming , or even talking about clients online, especially within private homes?
- How is this policy communicated to staff, and what are the consequences if it’s violated?
Just as important, you should clearly state your expectations directly to the care worker. Let them know that under no circumstances are they to record or share any images, videos, or personal information about your family member online. This conversation should happen early and be documented, if possible.
Unfortunately, we’ve found that “some” companies either lack such policies or have vague and unenforced guidelines, leaving families vulnerable to privacy breaches.
If you discover that a home care worker has taken and shared content involving your loved one, here are some steps you can take:
1. Report the incident to the employer
This is the first and most immediate step. The employer should be notified verbally and in writing and asked to take action in accordance with their policies. Also, let them know that you no longer want that care worker to be assigned to your family member. Make sure that you document the date, time, and what was said.
2. Contact your provincial privacy commissioner or ombudsman
In British Columbia, and in other provinces and territories, private home care providers fall under provincial privacy legislation such as the Personal Information Protection Act (PIPA). Under this act, private organizations must:
- Collect personal information only for appropriate purposes.
- Obtain meaningful consent before collecting, using, or disclosing personal data.
- Secure personal data from unauthorized use or access.
- Allow individuals access to their information and the ability to request corrections.
If the caregiver’s actions violated these principles, you can file a formal complaint with your provincial privacy office.
NOTE – PIPA applies to private businesses and not-for-profit organizations. Public health authorities and hospitals fall under a different law: the Freedom of Information and Protection of Privacy Act (FIPPA). If a care company operates in multiple provinces or internationally, the federal PIPEDA may also come into play.
3. If the care-worker is a nurse, report them to their professional college
Each province has a regulatory body that oversees the conduct of nurses. For instance, in B.C., it’s the BC College of Nurses and Midwives (BCCNM). Posting unauthorized images of a patient is often a direct violation of professional codes of conduct, which can lead to disciplinary action, which could also include the loss of their licence. If the worker is a registered health professional, you can file a complaint with their governing body.
4. Notify the police
Depending on what was captured and shared, criminal laws may apply. In some cases, offences such as:
- Defamatory libel
- Non-consensual distribution of an intimate image
may be considered. In the incidents we’ve consulted on, while there was no criminality, there were clear violations of privacy laws and professional codes of conduct.
5. Seek legal advice
Depending on the seriousness of the breach, it may be appropriate to speak with a civil lawyer. Legal action could include claims for damages or other remedies against both the caregiver and their employer.
Home care workers are entrusted with the well-being of our loved ones at their most vulnerable moments. Recording and sharing images, or any other personal information online, without consent is not only unethical, it’s a betrayal of that trust. Families have every right to expect professionalism and privacy in their own homes or even hospitals.
If you’re considering or currently using in-home care, don’t wait until something goes wrong. Have the conversation, ask the questions, and set clear boundaries. Your loved one’s dignity and privacy deserve nothing less.
Digital Food For Thought
The White Hatter
Facts Not Fear, Facts Not Emotions, Enlighten Not Frighten, Know Tech Not No Tech
