Covert recording of staff members

Mr Hussain made this Freedom of Information request to Care Quality Commission Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was partially successful.

Dear Care Quality Commission,

Q1. Please can you look to disclose any information regarding your organisation's policies/procedures or best practice guidance on restricting members of the public from covertly audio/video recording members of your staff?

Q2. Please can you look to disclose any information regarding your policies/procedures or best practice guidance on restricting members of the public from publishing said recordings in Q1 on social media platforms such as Facebook or Youtube without your recorded staff member's prior consent or permission?

Yours faithfully,

Mr Hussain

Information Access, Care Quality Commission

Dear Mr Hussain

 

I write further to your request for information made on 18 May 2023 as
follows:

 

Q1. Please can you look to disclose any information regarding your
organisation's policies/procedures or best practice guidance on
restricting members of the public from covertly audio/video recording
members of your staff?

 

Q2. Please can you look to disclose any information regarding your
policies/procedures or best practice guidance on restricting members of
the public from publishing said recordings in Q1 on social media platforms
such as Facebook or Youtube without your recorded staff member's prior
consent or permission?

 

Before I can continue with your request, Can you please confirm which
sector your request relates to?

 

Requests can often be unclear or ambiguous with different potential
interpretations and where a public authority is not clear as to what is
being asked for, it can, in accordance with section 1(3) of the Freedom of
Information Act 2000 (FOIA), ask the applicant to clarify their request.

 

CQC will not proceed with responding to any part of your request until we
have received the clarification requested above. Once this is received, we
will notify you of the new due date for response.

 

If we do not receive a reply by 19 June 2023, we will assume that you do
not wish to continue with your request at this point in time. This does
not prejudice your right to make any requests for information in the
future.

 

Kind regards

 

Information Access Officer

 

Telephone: 03000 616161

 

For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [1]https://www.cqc.org.uk/contact-us

 

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References

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Dear Information Access,

I am not sure what you mean by "which sector". I am a member of the public and I am asking your organisation as a whole. I believe this would be an information governance issue.

Yours sincerely,

Mr Hussain

Information Access, Care Quality Commission

Apologies for not clarifying Mr Hussain.

When I say sector, I mean do you require me to look at the data in respect of adult social care, primary medical services etc?

Kind regards

Information Access Officer

show quoted sections

Dear Information Access,

Can you kindly look into both adult social care and primary medical services etc, as the scope of my enquires encompasses both. When I say "staff" I refer to any paid professional working in any public sector organisation who interacts with members of the Public.

Yours sincerely,

Mr Hussain

Information Access, Care Quality Commission

Dear Mr Hussain

 

I acknowledge receipt of your correspondence in which you made a request
for information.

 

Your request is as follows:

 

“Q1. Please can you look to disclose any information regarding your
organisation's policies/procedures or best practice guidance on
restricting members of the public from covertly audio/video recording
members of your staff?

 

Q2. Please can you look to disclose any information regarding your
policies/procedures or best practice guidance on restricting members of
the public from publishing said recordings in Q1 on social media platforms
such as Facebook or Youtube without your recorded staff member's prior
consent or permission?

 

Can you kindly look into both adult social care and primary medical
services etc, as the scope of my enquires encompasses both. When I say
"staff" I refer to any paid professional working in any public sector
organisation who interacts with members of the Public.”

 

CQC will consider your request in accordance with the Freedom of
Information Act 2000 (FOIA).

 

Our statutory deadline for response is 21 June 2023, but we will in any
event endeavour to respond as soon as possible.

 

We will write to you if we are unable to meet this deadline.

 

The information you have requested may be subject to an exemption from the
right to know. Should this occur, we will explain the reasons why when we
respond.

 

Kind regards

 

Information Access Officer

 

Telephone: 03000 616161

 

For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [1]https://www.cqc.org.uk/contact-us

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/contact-us

Information Access, Care Quality Commission

Dear Mr Hussain

 

I write further to your request for information made on 18 May 2023.

 

Information Requested:

 

“Q1. Please can you look to disclose any information regarding your
organisation's policies/procedures or best practice guidance on
restricting members of the public from covertly audio/video recording
members of your staff?

 

Q2. Please can you look to disclose any information regarding your
policies/procedures or best practice guidance on restricting members of
the public from publishing said recordings in Q1 on social media platforms
such as Facebook or Youtube without your recorded staff member's prior
consent or permission?

 

Can you kindly look into both adult social care and primary medical
services etc, as the scope of my enquires encompasses both. When I say
"staff" I refer to any paid professional working in any public sector
organisation who interacts with members of the Public.”

 

The Information Access team has now coordinated a response to your
request.

 

CQC has considered your request in accordance with the Freedom of
Information Act 2000 (FOIA).

 

CQC does not produce information aimed at restricting members of the
public from using covert surveillance.  CQC’s scope and role is with
regards to the providers/services that provide the regulated activities.

 

CQC does have published information on the website for services:

 

[1]Using surveillance in your care service - Care Quality Commission
(cqc.org.uk)

 

This includes a section about what services can/should do if they find
that surveillance is being used.

 

[2]Surveillance equipment placed by people in your care or their relatives

 

CQC Complaints and Internal Review procedure

 

If you are not satisfied with our handling of your request, then you may
request an internal review.

 

Please clearly indicate that you wish for a review to be conducted and
state the reason(s) for requesting the review.

 

Please note that it is usual practice to accept a request for an internal
review within 40 working days from the date of this response. The [3]FOIA
code of practice advises that public authorities are not obliged to accept
internal reviews after this date.

 

Please be aware that the review process will focus upon our handling of
your request and whether CQC have complied with the requirements of the
Freedom of Information Act 2000. The internal review process should not be
used to raise concerns about the provision of care or the internal
processes of other CQC functions.

 

If you are unhappy with other aspects of the CQC's actions, or of the
actions of registered providers, please see our website for information on
how to raise a concern or complaint:

 

[4]www.cqc.org.uk/contact-us

 

To request a review please contact:

 

Information Access

Care Quality Commission

Citygate

Gallowgate

Newcastle upon Tyne

NE1 4PA

 

E-mail: [5][CQC request email]

 

Further rights of appeal exist to the Information Commissioner’s Office
under section 50 of the Freedom of Information Act 2000 once the internal
appeals process has been exhausted.

 

The contact details are:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

SK9 5AF

 

Telephone: 0303 123 1113

Website: [6]www.ico.org.uk

 

Kind regards

 

Jackie Maguire

Information Access Officer

 

Telephone: 03000 616161

 

For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [7]https://www.cqc.org.uk/contact-us

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/guidance-provider...
2. https://www.cqc.org.uk/guidance-provider...
3. https://assets.publishing.service.gov.uk...
4. http://www.cqc.org.uk/contact-us
5. mailto:[CQC request email]
6. http://www.ico.org.uk/
7. https://www.cqc.org.uk/contact-us

Dear Information Access,

Thank you for your reply.

I require some further clarity on your response. Please can you confirm that there is equally no policy in place regarding members of the public covertly recording CQC staff members?

Yours sincerely,

Mr Hussain

Information Access, Care Quality Commission

Dear Mr Hussain

The Care Quality Commission (CQC) does not have a policy in place regarding members of the public covertly recording our staff members.

We do have a guidance document providing advice to our colleagues on being filmed or recorded in the course of our duties. The majority of the advice relates to recordings being made by providers or their staff, but it does contain some guidance for our colleagues relevant to your question.

This reads as follows:

"We are unable to prevent covert recording due to its nature. As well as support from managers, our confidential helpline and personal counselling service is available to colleagues concerned about this issue.

Inspectors have their own, individual rights, particularly under Data Protection. They can decide to take their own action if they consider these rights have been breached. This is an individual decision, although we will offer some advice to our staff on this issue."

And:

"What are CQC's expectations on Inspectors?

We expect you to behave in a professional and appropriate manner whenever you are representing CQC. We expect you to demonstrate CQC's values (excellence, caring, integrity, teamwork) in all of your work.

Whilst Inspectors are unlikely to be regularly subjected to covert surveillance, it is a possibility any time that you are on inspection or when talking to providers, registered managers or their staff (or other people outside of CQC). For this reason, it is advisable to always assume that these interactions could be recorded, and to act accordingly.

It is a key element of CQC's core value of integrity that you should behave honestly and should demonstrate openness and appropriate transparency and accountability in all of your communications."

Any person making and/or publishing a covert recording may be subject to their own legal responsibilities where their actions interfere with the privacy and rights of a CQC employee (or any other person).

CQC cannot advise members of the public on these obligations, but you may want to contact the Information Commissioner's Office (ICO) for advice. You can find contact details and further information at http://www.ico.org.uk/

Yours sincerely

Simon

Simon Richardson
Information Rights Manager
Care Quality Commission

For information about CQC, including contact details, information about how we use and protect personal data, and how to request information from us, go to https://www.cqc.org.uk/contact-us

show quoted sections

Dear Information Access,

Thank you for the further clarity provided and a more comprehensive response addressing my request specifically regarding CQC staff. You mention the following :

"support from managers, our confidential helpline and personal counselling service is available to colleagues concerned about this issue".

Please can you expand on this aspect further? Do you have a policy document or a codified procedure in place? It would assist me greatly if you could supply this and also address these further questions :

Q1. Over the last five year, can you tell me on how many occasions have occurred where managerial support, helpline and counselling has been offered to your staff, particularly regarding this issue of being covertly recorded?

Q2. What training is provided to CQC staff regarding their privacy rights after being covertly recorded.

Q3. You further state that your investigators have privacy rights and "legal responsibilities where their actions interfere with the privacy and rights of a CQC employees". Please can you explain and expand on what expectation of privacy exists for your employees as they carry out a business activity of trade e. g being in paid employment and your employee and engaging members of the public?

Yours sincerely,

Mr Hussain

Information Access, Care Quality Commission

Dear Mr Hussain

 

I acknowledge receipt of your correspondence dated 6 June 2023, in which
you made a request for information.

 

Your request is as follows:

 

“Thank you for the further clarity provided and a more comprehensive
response addressing my request specifically regarding CQC staff.  You
mention the following :

 

"support from managers, our confidential helpline and personal counselling
service is available to colleagues concerned about this issue".

 

Please can you expand on this aspect further? Do you have a policy
document or a codified procedure in place? It would assist me greatly if
you could supply this and also address these further questions :

 

Q1. Over the last five year, can you tell me on how many occasions have
occurred where managerial support, helpline and counselling has been
offered to your staff, particularly regarding this issue of being covertly
recorded?

 

Q2. What training is provided to CQC staff regarding their privacy rights
after being covertly recorded.

 

Q3. You further state that your investigators have privacy rights and
"legal responsibilities where their actions interfere with the privacy and
rights of a CQC employees".  Please can you explain and expand on what
expectation of privacy exists for your employees as they carry out a
business activity of trade e. g being in paid employment and your employee
and engaging members of the public?”

 

CQC will consider your request in accordance with the Freedom of
Information Act 2000 (FOIA).

 

Our statutory deadline for response is 4 July 2023, but we will in any
event endeavour to respond as soon as possible.

 

We will write to you if we are unable to meet this deadline.

 

The information you have requested may be subject to an exemption from the
right to know. Should this occur, we will explain the reasons why when we
respond.

 

Regards

 

On behalf of:

Information Access Team

 

For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [1]https://www.cqc.org.uk/contact-us

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/contact-us

Information Access, Care Quality Commission

Dear Mr Hussain

 

Our Ref: CQC IAT 2324 0228

 

I write in response to your correspondence of 3 June 2023 in which you
requested the following information:

 

“Thank you for the further clarity provided and a more comprehensive
response addressing my request specifically regarding CQC staff.  You
mention the following :

 

"support from managers, our confidential helpline and personal counselling
service is available to colleagues concerned about this issue".

 

Please can you expand on this aspect further? Do you have a policy
document or a codified procedure in place? It would assist me greatly if
you could supply this and also address these further questions :

 

Q1. Over the last five year, can you tell me on how many occasions have
occurred where managerial support, helpline and counselling has been
offered to your staff, particularly regarding this issue of being covertly
recorded?

 

Q2. What training is provided to CQC staff regarding their privacy rights
after being covertly recorded.

 

Q3. You further state that your investigators have privacy rights and
"legal responsibilities where their actions interfere with the privacy and
rights of a CQC employees".  Please can you explain and expand on what
expectation of privacy exists for your employees as they carry out a
business activity of trade e. g being in paid employment and your employee
and engaging members of the public?”

 

The Information Access team has now coordinated a response to your
request.  

   

CQC has considered your request in accordance with the Freedom of
Information Act 2000 (FOIA).  

   

Our first obligation under the legislation is to confirm whether we do or
do not hold the requested information.  

   

In accordance with section 1(1) of FOIA we are able to confirm that CQC
does not hold recorded information in relation to this matter.

 

All CQC employees have access to a 24-hour employee assistance programme.
This service is provided by a 3^rd party and offers confidential 24-hour
counselling. CQC does not hold any information in relation to the use of
this service or where managerial support has been provided, as it is
confidential.

 

CQC does not provide training to staff regarding privacy rights after
being covertly recorded. Inspectors have their own, individual rights,
particularly under Data Protection. They can decide to take their own
action if they consider these rights have been breached. This is an
individual decision, although we will offer some advice to our staff on
this issue CQC cannot advise on individuals privacy rights, but you may
want to contact the Information Commissioner's Office (ICO) for advice.
[1]https://ico.org.uk/for-the-public/

 

I hope this information is of assistance to you.

 

 

CQC Complaints and Internal Review procedure

 

If you are not satisfied with our handling of your request, then you may
request an internal review.

 

Please clearly indicate that you wish for a review to be conducted and
state the reason(s) for requesting the review.

 

Please note that it is usual practice to accept a request for an internal
review within 40 working days from the date of this response. The [2]FOIA
code of practice advises that public authorities are not obliged to accept
internal reviews after this date.

 

Please be aware that the review process will focus upon our handling of
your request and whether CQC have complied with the requirements of the
Freedom of Information Act 2000. The internal review process should not be
used to raise concerns about the provision of care or the internal
processes of other CQC functions.

 

If you are unhappy with other aspects of the CQC's actions, or of the
actions of registered providers, please see our website for information on
how to raise a concern or complaint:

 

[3]www.cqc.org.uk/contact-us

 

To request a review please contact:

 

Information Access

Care Quality Commission

Citygate

Gallowgate

Newcastle upon Tyne

NE1 4PA

 

E-mail: [4][CQC request email]

 

Further rights of appeal exist to the Information Commissioner’s Office
under section 50 of the Freedom of Information Act 2000 once the internal
appeals process has been exhausted.

 

The contact details are:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

SK9 5AF

 

Telephone: 0303 123 1113

Website: [5]www.ico.org.uk

 

Regards

 

 

On behalf of:

Information Access Team

 

For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [6]https://www.cqc.org.uk/contact-us

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://ico.org.uk/for-the-public/
2. https://assets.publishing.service.gov.uk...
3. http://www.cqc.org.uk/contact-us
4. mailto:[CQC request email]
5. http://www.ico.org.uk/
6. https://www.cqc.org.uk/contact-us