Poyner Spruill Welcomes Education Law Practice Group

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POLICY: __________________________ (Facility Name) supports a resident’s right to live in a safe environment and a resident’s right to privacy. To satisfy each resident’s expectation of privacy in his or her own room and in common areas of this Facility, this Facility does not permit any electronic monitoring or recording, covert or otherwise, of residents in their own rooms, in the rooms of other Facility residents, or in Facility staff or common areas, except for devices installed by the Facility in furtherance of its care and supervision of Facility residents. A resident (including family members and/or resident representatives) cannot install, nor authorize any individual to install, operate, maintain, or otherwise use any form of electronic monitoring or recording as defined by this policy in the resident’s room or in any other area of the Facility. This Facility will remove from a resident’s room, or other Facility areas where they may be found, any device capable of and/or which is being used for electronic monitoring, once such device is discovered by or reported to our staff. In addition, this facility has the right, in its sole discretion, to request that any recording obtained through unauthorized electronic recording or monitoring be deleted and destroyed in the presence of a representative of this Facility’s administration.

Electronic monitoring includes visual and audio recordings and/or monitoring of individuals (including residents, staff, visitors, or others) by means of any device, recording system, video surveillance camera, web-based camera, or videophones (including cellular phones or smartphones), regardless of whether these are interactive or simply recording devices.

If the Facility discovers that this policy has been violated, the resident violating the policy (or the resident’s legal representative), or other person violating this policy, shall be responsible for any costs incurred or required to remove any such electronic monitoring and for any costs, legal claims, or other expenses of any type associated with any claims, damages, or injuries arising as a result of the violation of this policy, and may be subject to other sanction, relief, or remedy authorized by any local, state, or federal laws or Facility policy or contract.

POLICY DATE: _____________, 2020.


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