Lawsuit Regarding Pictures of Medical Examinations Unintentionally Captured on a Security Video Camera
Does Installation of Video Camera to Catch a Thief That Unintentionally Captured Pictures of Medical Examinations Intrude Upon the Privicy of Patients ?
In Acuff v. IBP, Inc., 77 F. Supp. 2d 914, 924 (C.D. Ill. 1999), IBP, the plaintiffs' employer, established video surveillance of the nurse manager's office in order to catch whoever was stealing from that office. Acuff, 77 F. Supp. 2d at 918.
But the camera, which was placed in the ceiling tiles, also caught nurses performing medical examinations. Acuff, 77 F. Supp. 2d at 918.
The plaintiffs, persons upon whom the examinations were performed, sued, alleging intrusion upon the seclusion of another. Acuff, 77 F. Supp. 2d at 918.
Applying Melvin's four factors, the district court said, "The Court quickly disposes of any argument by IBP that the matter intruded upon was not a private matter (the third element).
There are few things in life that are more private than medical treatments and/or examinations." Acuff, 77 F. Supp. 2d at 924.