CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM In addition, it should be pointed out that a social welfare institution should always notify a person, and whenever possible a person’s legal representative, in an understandable manner about the fact that they are entitled to examine the entries on them in the register, as well as receive copies of the records and add comments concerning their seclusion. 6. The use of video surveillance in social welfare institutions The question was concerned with the use of video surveillance in social welfare institutions. Specifically, the participants in the training asked whether video surveillance in a seclusion room may be used. Under § 26 of the Constitution, everyone has the right to the inviolability of private life. Interference with private life may only take place in the cases and under the procedure established by law. The scope of protection of § 26 extends first and foremost to physical and mental integrity, identity of the person and the right to self-image. Interference with physical and mental integrity may, inter alia, be caused by observation of a person.16 Fundamental rights and freedoms of natural persons, first and foremost the right to the inviolability of private life, in the processing of personal data are protected by the above-mentioned Personal Data Protection Act. Video surveillance of persons receiving a special care service at the place of the provision of the service may concern sensitive personal data in the meaning of § 4(2) of the PDPA. Under § 14(3) of the PDPA, surveillance equipment transmitting or recording personal data may be used for the protection of persons or property only if this does not excessively damage the justified interests of the data subject and the collected data is used exclusively for the purpose for which it is collected. In the case of such data processing, the consent of the data subject is substituted by sufficiently clear communication of the fact of the use of the surveillance equipment and of the name and contact details of the processor of the data. On the basis of the above norm, rooms which are under video surveillance should definitely have clearly displayed information on the fact of the use of surveillance equipment, including the name and contact data of the processor of the data. In addition, information as to which public rooms or areas are specifically monitored should also be clearly displayed. As concerns the use of video surveillance in a seclusion room, under § 202(2) of the Social Welfare Act, a person must be constantly under the supervision of the provider of 24-hour special care service during the person’s stay in a seclusion room. According to paragraph 50 of the CPT standards, clearly, video surveillance cannot replace continuous staff presence in the vicinity of the seclusion room. Requirements for the furnishings of a seclusion room are established by the Minister of Social Affairs Regulation No 58 of 30 June 2009 “Health protection requirements for special care services and the seclusion room”, § 7, subsection 3 of which requires that a seclusion room must have a toilet. If a provider of a special care service decides to use video surveillance in a seclusion room, they should take into consideration the above right to the inviolability of private life (§ 26 of the Constitution). It cannot be considered admissible that the use of a toilet by the person held in seclusion can be monitored through video surveillance. Thus, a toilet pot in a seclusion room must be secluded from the rest of the room (e.g. by a low partition wall) in a way as to guarantee privacy of the person using it, while also ensuring visibility of the person to the staff continuously throughout the person’s stay in the seclusion room (requirement arising from § 202(2) of the Social Welfare Act). On this basis, it may be concluded that a provider of a special care service may use video surveillance in a seclusion room on the condition that information on the fact of the use of the video surveillance and other facts required by the law is clearly displayed at the seclusion room, and the person’s right to inviolability of private life is guaranteed. Regardless of the use of video surveillance, a staff member of the service provider must be constantly present in the vicinity of the seclusion room during the person’s stay in the room. 16 16 U. Lõhmus. Kommentaarid §-le 26. – Kirjastus Juura. Eesti Vabariigi Põhiseadus. Kommenteeritud väljaanne. [Comments on § 26. Constitution of the Republic of Estonia. Commented Edition] Tallinn 2008, § 26 comments 9-9.1.