In California, residents of assisted living facilities (or Residential Care Facilities for the Elderly, RCFEs) are protected under the California Resident Rights for Assisted Living Facilities, which outlines several key rights to ensure that residents maintain autonomy, dignity, and privacy.
What Does the Right to Private Communication Cover?
1. Personal Communication:
Telephone and Written Correspondence: Residents have the right to communicate privately by phone or through written correspondence (e.g., letters, emails). This means that residents can make phone calls and send letters or emails without interference or monitoring by the facility, unless the resident requests assistance.
Private Meetings: Residents are also allowed to meet privately with visitors of their choosing, whether that be family, friends, legal representatives, or others. This right to private communication extends to maintaining relationships outside of the facility without intrusion from staff.
2. Video Calls:
Protected Communication Mode: The right to private communication includes modern communication methods such as video calls (e.g., FaceTime, Zoom, Skype). Residents can use these platforms to speak with loved ones or others without monitoring by facility staff.
Privacy Expectations: Facilities must allow residents to make video calls in a private setting, meaning that the conversations should not be overheard or recorded unless the resident consents to such monitoring.
3. Electronic Communication:
Access to the Internet and Email: Residents also have the right to access electronic communication platforms such as email or social media. This includes the right to access the internet if needed to communicate with family, friends, or service providers.
4. Assistance with Communication:
If a resident has physical or cognitive impairments, the facility may provide assistance in making calls or using communication devices, but only if the resident requests or consents to such assistance. The communication must still remain private and free from unnecessary interference.
How Does This Relate to Video Surveillance?
While private communication refers to methods like telephone, video calls, and written correspondence, video surveillance (e.g., a camera installed in a resident's room for monitoring) is a separate issue. However, the right to privacy in communications indirectly supports the idea that a resident could install a camera in their room for their own protection or security, as long as it doesn’t infringe on the rights of others (such as roommates or staff). ONSCREEN is NOT a video surveillance device.
Facility Responsibility:
Facilities are required to:
Provide access to phones, internet, and other communication tools.
Ensure residents can communicate privately and securely.
Offer support when necessary to facilitate private communication without overstepping into monitoring or intruding on the resident's personal interactions.
Key Points:
The right to private communication includes video calls and electronic communication, allowing residents to stay connected with their network outside of the facility.
This right ensures that communication remains private, free from unauthorized monitoring, and available at the resident's discretion.
Facilities must facilitate this communication while respecting the resident's privacy and autonomy, and any monitoring (e.g., through cameras) requires explicit consent, especially if it could affect privacy rights.
This set of protections ensures that residents can engage with others privately, even in the context of living in a communal care setting like an assisted living facility.