The Michigan Legislature is currently wrestling with the issue of having cameras and audio monitoring equipment record activities in the rooms of nursing home residents. Michigan is a one-party consent state which means that if one person on the phone or video consents, then a recording is allowed. If a third party becomes the “recorder” and the subjects of the video or recording does not consent, then the recording is illegal based on Michigan Law, MCL 750.539 (c).
The pro of the argument is that if monitoring equipment is installed in their loved one’s room, family members will “know” if their loved one is being abused or neglected. The con of the argument against the installation of this type of equipment by third parties revolves around the issue of privacy. Since most nursing home rooms are “doubles” must the roommate agree to the recording? Can it be said, by installing this recording equipment is it a violation of the roommate’s right to privacy? In 2003 the Michigan Court of Appeals said “yes” that a bedroom is a “private place”; thus, placement and use of monitoring equipment by third parties violates the roommates right to privacy.
The matter has yet to be resolved definitively. What do you think—what is more important, 1) privacy of others or 2) accountability of care providers? Let your state representative and senator know what you think about this issue.