A California hospital may have violated privacy laws by secretly recording more than 1,800 patients without their knowledge or consent, according to a recent lawsuit.
Sharp Grossmont Hospital near San Diego may have placed motion-activated cameras in operating rooms in order to record patients, according to plaintiff Amber S.’s lawsuit in which she accuses the facility of secretly recording her caesarean section on Dec. 24, 2012.
Amber says that she had no idea she was being recorded without consent, and would not have consented to being recorded had she known. The hospital claims that the cameras were installed on anesthesia carts as part of an investigation into possible employee drug theft.
In a statement, the hospital maintained that the cameras “were intended to record only individuals in front of the anesthesia carts removing drugs, others, including patients and medical personnel in the operating rooms, were at times visible to the cameras and recorded,” according to a Los Angeles Times report.
Amber filed her lawsuit on behalf of herself and any other women who had surgery at the Women’s Health Center at Sharp HealthCare between July 17, 2012, and June 30, 2013. It’s not the first time Sharp HealthCare has been sued over illegal recordings.
In 2016, the hospital was the defendant in a lawsuit alleging that hidden cameras recorded hysterectomies, sterilizations and caesarean births, as well as women undressing.
Amber claims the unauthorized recording left her and proposed Class Members with embarrassment, anxiety, shame, depression and feelings of being powerless, the Washington Post reported.
California Privacy Laws
Victims of secret recording in California may be able to file lawsuits to pursue compensation for being recorded without consent.
California has many laws in place to protect the privacy of its citizens. There are laws that make it illegal for people or businesses to record telephone calls without the consent of all parties involved, as well as laws governing video recording.
California law requires two-party consent to record “any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation.” A person or company illegally recording a conversation risks criminal prosecution and a civil lawsuit for damages by an injured party, according to the Digital Media Project.
Businesses often record customer service phone calls to train employees. However, if not disclosed at the beginning of the call, this recording may be illegal. California businesses that violate recording laws may be subject to damages as high as $5,000 per violation.
If you have been recorded without consent in California, you may be able to file a class action lawsuit and seek damages for your experience. Secret audio and video recordings may qualify you to seek compensation.
If you live in California and you did not receive a warning when calling a toll-free number, your call may have been recorded in violation of California law, and you may be entitled to compensation. See if you qualify to file a California call recording class action lawsuit.
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