Legal Question in Technology Law in New York

Re: Video surveillance in a dentist office

Patients, unless they've specifically consented to being monitored by third-party's are generally likely not to have so consented. This will be particularly acute as to emergency procedures or those that entail remediation of particularly bad dental hygeine -- who wants a third-party to know that they don't floss regularly or brush after meals? Moreover, most patients may not realize that if they are aware of the cameras and that the cameras permit a third-party to monitor procedures that they've waived their right of confidentiality. I see lawsuits ahead for the practice that engages in this behavior.

Because this type of intrusive monitoring is so novel, it must be disclosed to patients BEFORE they sit in the chair and open wide. This disclosure should/must, to be effective, be explicit and not amenable to being "lost" in the regular rigamarole of other standard disclosures (i.e. those concerning health information privacy, etc.).

Generally, this idea seems lousy. If the business manager/spouse wants to monitor the functioning of the office s/he should do so in person assuming s/he is also a dentist (in which case the confidentiality would extend to the monitor.

This is even more problematic if the video/stills are retained and available to others.