Source: Care Quality Commission (CQC)
In light of recent instances of CQC inspections being recorded by providers, either via audio, video and/or paper recordings, CQC wants to share the issues you should be aware of if you intend to record an inspection. CQC does not encourage the recording of our inspections by providers, but they will not object if it is carried out lawfully and appropriately as outlined below:
- CQC’s powers under section 63 of the Health and Social Care Act 2008 allow them to interview people in private during an inspection. Making a recording which intrudes upon this privacy, without reasonable excuse, may be an offence under the Act. However, the person being interviewed may make a recording for their own purposes if they wish (CQC will ask them to tell the Inspector if they are doing this).
- You may also be in breach of the 2008 Act if you carry out a recording in a way which unreasonably interferes with the exercise of CQC’s inspection duties. For example, by intimidating or discouraging people from speaking with Inspectors, or by obstructing Inspectors from being able to move around the service and observe.
- To comply with the General Data Protection Regulation (GDPR) and other data protection law, you should not make ‘covert’ recordings of inspections. Providers making recordings are required to notify the people being recorded (including CQC Inspectors) of this, and provide them with various other information set out under Article 13 of GDPR. Secretly recording an inspection using hidden equipment, or not making inspectors aware that they are being recorded (e.g. by having adequate notices of CCTV and/or audio recording equipment) may therefore be a breach of GDPR.
- You should also be aware that CQC Inspectors have their own rights under GDPR – including the right of access to recordings you make of them, and to complain to the Information Commissioner.
- It is your responsibility to ensure that you do not breach the legal rights of any person – including people who use your service, visitors and your own staff. Seek legal advice if in any doubt.
- Most importantly, any recording taking place must not interfere with the privacy and dignity, or the welfare and safety, of people who use your service.
- CQC has published guidance on using surveillance in your care service.