Violation of Resident Privacy and Dignity Through Unauthorized Social Media Posting
Penalty
Summary
Certified Nursing Assistant (CNA) 1 violated a resident's rights to privacy, dignity, and respect by recording a video of the resident without obtaining consent from either the resident or the resident's responsible party. The resident, who had severe cognitive impairment and required moderate to maximal assistance with activities of daily living, was not aware that a video was being taken or that it would be posted on social media. The facility's policies explicitly prohibit staff from taking or releasing images or recordings of residents without explicit written consent, except under specific circumstances such as investigations or emergencies. Despite these policies, CNA 1 admitted to posting a video of the resident on her personal Instagram story and to FaceTiming friends while in the resident's room. The Director of Nursing (DON) and other staff confirmed that the images and video were of the resident and that no consent had been obtained. The resident's responsible party expressed shock and concern over the incident, emphasizing the resident's desire for privacy and the lack of understanding or consent regarding the sharing of images. The responsible party also highlighted the resident's vulnerability and the potential for harm to the resident's dignity and self-esteem. Interviews with facility staff, including social services and nursing leadership, confirmed that taking photos or videos of residents without proper consent is a violation of both facility policy and resident rights. The facility's review of records found no documentation of consent for the images or video. The incident was reported to the district office, and the facility's policies regarding privacy, use of personal devices, and protection of protected health information were reviewed and found to have been violated by CNA 1's actions.