with the privacy of their residents, employees and other people who stay in monitored buildings. The use of such surveillance systems should meet the requirements set out in the Constitution, including the requirement, provided for therein, to limit their use. The Minister of Family, Labour and Social Policy replied that there exist no binding legal regulations imposing on social care homes the obligation to employ psychologists or psychiatrists within their structures, and that the provision of psychiatrist or psychological assistance is not a requirement for social welfare facilities. As regards the use of video surveillance systems in social care homes, the ministry is of the opinion that general-level regulations are needed, that would be applicable e.g. to all public utility entities including health care facilities and social welfare institutions, in particular residential ones. The issue of social care home residents’ right to freely leave their facilities has been taken into account in the bill amending the Act on social welfare and the Act on mental health protection, that is currently subject to inter-ministerial consultations. LACK OF LEGAL REGULATIONS ON THE USE OF VIDEO SURVEILLANCE IN PSYCHIATRIC HOSPITALS AND PSYCHIATRIC WARDS 27 The Commissioner has again requested the Minister of Health to propose, within his legislative initiative, a bill to regulate the use of video surveillance systems in hospitals. According to Article 31(3) of the Constitution such a regulation, which would restrict civil rights and freedoms, should have the status of a parliamentary act. The interference with people’s right to privacy by using video surveillance systems without legislative grounds in the form of a parliamentary act constitutes a violation of individuals’ constitutional right to legal protection of their privacy. However, taking into account the need to restrict this right to ensure the safety of patients and hospital personnel, a relevant parliamentary act should be adopted. KMP.574.8.2015 27 26 PART II – how does the NMPT work?