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BHE Security: Technical Surveillance Counter Measures
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Spy camera find sparks ERI inquiry RUTH ARMSTRONG HEALTH REPORTER
An investigation has been launched after a hidden spy camera was found inside Edinburgh Royal Infirmary. The camera, called a Super Sleuth, was discovered inside a lift used by hospital staff and patients. The discovery has led to concerns that other secret cameras may have been used to film inside the Little France facility. Hospital chiefs have ordered a probe into why such a camera was used by Haden, the company sub-contracted by the hospital s private owners Consort. The device was found concealed in a smoke detector in lift 10B, which is near a radiology corridor used by patients when they are taken to have x-rays. Haden says it was brought in after lift doors were vandalised, but has given no explanation as to why it was felt a concealed camera needed to be used. Using secret filming could contravene the Human Rights Act, which guarantees a right to privacy, and the Data Protection Act. And footage from a hidden camera cannot be used as evidence in prosecuting a crime. It was uncovered by representatives of public sector union Unison after a tip-off. The union is now seeking legal advice to find out if the use of the camera was illegal and has requested that Haden issue a letter of apology to both Unison and the hospital s patient partnership group. Tom Waterson, Unison branch secretary for the Lothian University Hospitals Division, said: "Quite clearly this is an infringement of people s human rights and their privacy, not just for staff but members of the public and, most importantly, patients. "There would have been no problem had they put in a proper camera - it begs the question, why put in a covert camera? It is unacceptable for Haden to take these decisions on their own." It is believed that four "Super Sleuth" cameras were bought, but Haden and Consort maintain no others were ever installed. "They have said there are no more hidden cameras, but I m struggling to believe that," said Mr Waterson. "I think they have now been removed, but not because they are infringing people s rights and privacy, but because they got caught. What other forms of covert surveillance have they been using in the past and what has happened to the visual evidence that has been obtained? All these questions remain unanswered." In a report to health chiefs about the incident, Consort said Haden had not told them about the installation of the camera. It goes on: "Had Consort been informed, it is highly unlikely that it would have agreed to the installation of a camera." Consort does not believe it was illegal to install the camera, but is seeking legal clarification. There are more than 100 CCTV cameras in use at the ERI, which hospital chiefs say are installed and monitored in accordance with the Data Protection Act. A spokeswoman for Consort today said: "We are investigating the matter as a whole, which also relates to reports of serious, substantial damage to lifts." Guidelines from the Institute of Employment Rights state that workers are entitled to know what forms of surveillance are being used and what they are used for. In order to carry out covert filming, an organisation must have special dispensation from a chief constable under the Regulation of Investigatory Powers Act. A spokeswoman for human rights lobby group Liberty said: "We have issues in relation to CCTV and the rights of privacy for employees. However, for patients in a hospital, a lift is one of the few places where you are not constantly being looked at and listened to so there is a particular issue in relation to this kind of practice happening in hospitals." Merlyn Branston, chief officer at patient watchdog Lothian Health Council, said of the hidden device: "It breaks down trust and it could be that it contravenes human rights legislation." Grant Archibald, deputy chief executive of the university hospitals division, said it had expressed concern to Consort, adding: "Consort Healthcare have since apologised to the division regarding this matter and the camera has been removed." From Scotsmans
 
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