Medical records

Rucha Pawar (Querist) 02 March 2020 This query is : Resolved
Does the medical records include CCTV footage , the Indian medical regulation is silent on it. or a person demanding the same should possess the legal authority .

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This discussion delves into the complex issue of CCTV footage within medical records in India, noting that current regulations are not explicit on its inclusion. While CCTV is often used for crime prevention in healthcare settings, with clear signage for patients, its use in private areas is restricted. The admissibility of CCTV footage as electronic evidence in Indian courts is also discussed, referencing Supreme Court clarifications on Section 65B of the Indian Evidence Act. A case study highlights challenges with outdated storage capacity hindering access to crucial footage.

Raj Kumar Makkad (Expert) 02 March 2020
Indian medical regulations are updated in consonance with the introduction of CCTV footage also. A specific notification was also circulated during the year 2016 in this regard. Find it on the following link:

https://mohfw.gov.in/sites/default/files/17739294021483341357.pdf

Rucha Pawar (Querist) 11 March 2020
Thank you so much sir, but the link is not opening showing error..

Raj Kumar Makkad (Expert) 11 March 2020
Mr. Pawar! I am able to open it. There may be some technical error.

Rucha Pawar (Querist) 11 March 2020
ok sir will check it again..

Rucha Pawar (Querist) 11 March 2020
sir after opening this error is displaying
"the requested URL /sites/default/files/17739294021483341357.pdf was not found on this server."

Raj Kumar Makkad (Expert) 11 March 2020
CCTV equipment should only be installed for a specific purpose, such as for the prevention and detection of crime. Patients using health care facilities should be made aware by notices if surveillance cameras are in use in public areas of GP surgeries and hospitals. The Information Commissioner provides guidance on the use of CCTV and the standards that should be followed. Disclosure of CCTV footage may take place, for example, to the police where it is justified in the 'public interest' but care must be taken to ensure that only relevant images are disclosed.

The BMA and GMC have particular concerns about the use of covert surveillance on health care facilities and the GMC states that doctors 'must obtain permission to make, and consent to use, any recording made for reasons other than the patient's treatment or assessment'. There are a few exceptions in which covert surveillance is acceptable, for example, in an in-patient setting where there are grounds to suspect relatives or carers of causing injury to a child, in which case legal advice should be sought and the involvement of police and social services agreed.

Raj Kumar Makkad (Expert) 11 March 2020
Hospitals in India are increasingly using EMRs as the preferred method of storing patient information. In fact, the rules of Clinical Establishments (Registration and Regulation) Act 2010, notified on May 23, 2012, mandate the “maintenance and provision of EMR or EHR for every patient” for the registration and continuation of every clinical establishment.

Rucha Pawar (Querist) 12 March 2020
thank u so much sir, will check the said rules and provisions .

T. Kalaiselvan, Advocate (Expert) 21 March 2020
The most common reason for hospitals and private clinics to install cameras in public areas is to help prevent or detect crime. But even here you need to be confident that CCTV is a necessary and proportionate response, record your reasons and regularly review this decision.
Cameras are not permitted in doctor exam rooms, restrooms and many types of waiting areas. Furthermore, it's not just patients who have a right to privacy. Employees are afforded privacy in certain areas of their workplace—such as in or near restrooms, locker rooms and some types of lounge areas.
The antiquated storage capacity of CCTV recordings in the Sanjay Gandhi Institute of Trauma and Orthopaedics (SGITO) is casting a shadow on the Mariam Kouser case.
Mariam, 3, is a victim of medical negligence by doctors of the hospital, where authorities are unable to retrieve CCTV footage of treatment given to her in the ICU.

After four doctors of the hospital were suspended for their alleged dereliction of duty in taking care of Mariam, a doctor defended his service and asked the hospital authorities to share with him the CCTV footage of the ICU from December 16 to 18 2013 the duration of Mariam's stay in SGITO.

The child was admitted to hospital on December 16 for a fractured left elbow. But she suffered hypoxic brain damage a condition that occurred due to acute shortage of oxygen to the brain.
A company, to which the hospital has outsourced its CCTV monitoring wrote back to hospital on January 1 saying The CCTV footage of the ICU for December 16, 17 and 18 is overwritten as the hard disk capacity is only 2 GB.
A 2GB pocket pen drive can hold not more than 200 songs. Hospital admitted to this lack of data. We're now trying to retrieve the data as we also need the footage
Efforts are on to increase the storage capacity We currently have 32 cameras in the hospital. The process of upgradation is on said Dr. T Prabakaran, resident medical officer of SGITO, when contacted.

In the age of digitisation and increasing reliance on computerised records in judicial proceedings, the Supreme Court has held that the requirement of a certificate to make an electronic evidence admissible is not mandatory "wherever interest of justice so justifies".

The top court's clarification on section 65B of Indian Evidence Act, which deals with admissibility of electronic evidence in court proceedings, will have an impact on criminal trials, where an increasing number of call details records, CCTV footage, mobile video recordings and CDs are being relied upon.

Interpreting section 65B(4) of the Evidence Act, a bench of Justices A K Goel and U U Lalit said the provision should be applied only when such electronic evidence is presented by a person who is in a position to produce such certificate.

Section 65(B) of Indian Evidence Act says that electronic records needs to be certified by a person occupying a responsible official position for being admissible for reliance in judicial proceedings.

It said that if a person is not in a position to produce such certificate the provision of 65B should not be applied.

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