In the months preceding publication, the Office of Poland’s Commissioner for Human Rights (Rzecznik Praw Obywatelskich, RPO) received numerous complaints about an amendment to the Polish Act on Medical Activity. The changes broaden the circumstances in which video surveillance may be used in rooms where healthcare services are provided. Although the regulation is intended to improve patient safety, it raises serious concerns about its compatibility with constitutional rights to privacy, dignity and the protection of personal data in Poland.
The new Polish provisions and the powers of facility managers
Under the amendment, the manager of a healthcare provider in Poland may set out, in the organisation’s internal rules, the arrangements for surveillance in rooms where healthcare services are provided. The measure must be justified by treatment needs or patient safety. This applies, among other places, to hospitals, care and treatment facilities and hospices.
Although the provisions require surveillance to respect patients’ intimate privacy (for example, by not recording physiological functions), the RPO warns that they give managers too much discretion and do not provide patients with a means of objecting to monitoring during their appointment.
The right to privacy and safety
In the RPO’s view, Article 23a(1)(3) of the Polish Act on Medical Activity requires clarification. It neither specifies the circumstances in which surveillance may be used nor provides a procedure for obtaining patient consent. The Polish Patient Rights Act, meanwhile, gives patients the right to respect for their intimate privacy and dignity during every medical procedure.
The RPO also highlights the problematic scope of access to recordings. At the time of publication, the provisions allowed access by technical and security staff, but not medical staff, which may limit the recordings’ usefulness in clinical practice.
The position of the Polish Ministry of Health
In response, Poland’s Deputy Minister of Health, Wojciech Konieczny, stated that the changes were intended to improve patient safety. He emphasised that real-time monitoring could enable staff to respond more quickly in an emergency (for example, if a patient falls), improve the quality of care (for example, when monitoring oxygen delivery) or document medical procedures.
The Ministry noted that surveillance had already been permitted and that the new provisions merely organised and expanded the range of circumstances in which it could be used. Konieczny stressed that every measure must comply with the Constitution of the Republic of Poland and respect individual rights.
Views of other Polish institutions: NIK, UODO and RPP
The RPO is not alone in raising these concerns. A September 2024 report by Poland’s Supreme Audit Office (Najwyższa Izba Kontroli, NIK) found that 18% of healthcare providers used surveillance without adequate justification or to an excessive extent.
The President of the Polish Personal Data Protection Office (Urząd Ochrony Danych Osobowych, UODO) also approached the Ministry of Health, calling for the provisions to be amended to provide better protection for personal data and patient privacy.
Although Poland’s Patient Rights Ombudsman (Rzecznik Praw Pacjenta, RPP) recognises a need for surveillance, the Commissioner’s guidance notes that healthcare facilities interpret the rules inconsistently, creating legal uncertainty and a risk of infringements.
What next? The need for legislative change in Poland
The RPO is calling for Article 23a of the Polish Act on Medical Activity to be amended by:
· specifying precisely the circumstances in which surveillance is permitted,
· clarifying the rules for processing and retaining recordings,
· regulating patient consent and the scope of access to data,
· ensuring effective protection of patient rights in accordance with the Constitution of the Republic of Poland.
Summary
Although video surveillance may improve the safety and quality of treatment, it must be used with due care and respect for patient rights. Given the differing interpretations and reports of misuse, the Polish provisions require clarification and a clear legal framework. Only then can patients’ health and privacy be protected effectively.
