My Mother was videotaped in the Assisted Living facility without having any consent in FLorida. Florida has a wiretapping law that prohibits this. I also want to file federal charges of Privacy Law violation. Anyone have any experience with this?
Did the AL admission documents include permission to photograph and/or videotape? I've never reviewed an AL facility's documentation, but rehab facilities and some private duty contracts frequently have a clause permitting photographs, which can be used in their advertising online or in brochures published and distributed.
I always cross those out and initial the provision because I won't allow that. I typically add a provision that no information can be used on social media either, specifically FB.
As to wiretapping, as Barb points out, that's a different level of surveillance. Does she have her own phone, or does she use a facility phone? How did you find out or determine that wiretapping was done? If it was pursuant to a federal issue, those tapes aren't generally made available.
I think more information would help address your concerns, especially whether all calls were wiretapped, or just some, the nature of those calls, and how you found out about the situation.
romerom, when my Dad moved into senior living, there was a clause in his rental agreement about photographs or videotapes. Dad agreed to this as he didn't mind, but he could strike it out of he was uncomfortable with it.
Actually, my mother was videotaped without having consent from myself or anyone. They videotaped her so that the facility could try to make me look bad by having her say on the video, "My daughter is selling my home and I won't have a place to live." I never signed a consent or anything else. The assisted living facility hates me because I am a huge advocate for my Mother who lives in horrid conditions to include her room which smells most of the time like urine and feces. When I call, they make every excuse so that I can't talk to her. She does not have her own phone in her room. My lawyer is asking the facility to produce the videotape since in FLorida it is against the law to videotape someone without 2 party consent meaning I would have to agree. It is also against federal law for invasion of privacy. My Mother has a reasonable expectation of privacy and when that assisted living facility videotaped her, they broken 2 federal laws that will basically bring them down. In Florida is a felony in the 3rd degree.
I always cross those out and initial the provision because I won't allow that. I typically add a provision that no information can be used on social media either, specifically FB.
As to wiretapping, as Barb points out, that's a different level of surveillance. Does she have her own phone, or does she use a facility phone? How did you find out or determine that wiretapping was done? If it was pursuant to a federal issue, those tapes aren't generally made available.
I think more information would help address your concerns, especially whether all calls were wiretapped, or just some, the nature of those calls, and how you found out about the situation.
(I'm not meaning to drop the charges.)