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32 | INVESTIGATION REVEALED THE FOLLOWING:
Allegation: Staff do not ensure that outside vendors are not video recording/taking pictures of residents.
It is alleged that an external vendor recorded audio and images of residents without their consent and shared them online, in violation of residents’ rights serious breach of privacy and potentially leading to legal consequences. Additionally, it is claimed that the facility staff failed to prevent the vendor from recording the residents. It is reported that these events occurred sometime between 2024 and 2025.
On June 4, 2026, between 9:45 AM and 10:15 AM, the Department conducted an interview with staff members identified as Staff #1 and Staff #3 (S1-S3). Three (3) of the three (3) staff members could not support this claim. (S2) confirmed that an external vendor performed a live performance at one time that included comedy and music for the residents at memory care. (S1-S3) emphasized that photography is strictly permitted only with prior approval and requires signed Media Release forms. Furthermore, (S1) stated that there have been no complaints regarding vendors posting online images or videos of residents without their consent, as the facility was previously unaware of any such incidents. The facility clearly requests consent for photography at the time of move-in. There have been no complaints from residents or their families concerning unauthorized recordings, and the staff typically recognized that recording residents is prohibited and/or necessitates consent from residents or their families.
The Department presented social media content from Instagram, Facebook, and YouTube, featuring Residents #1 in the video. (S1-S3) confirmed the resident's identity and reported that (R1) has a Media Release Form authorizing the use of photos, newsletters, bulletin boards, and social media pages on file.
On June 4, 2026, between 01:00 PM and 01:57 PM, the Department interviewed resident members identified as Resident #2 through Resident #6. Five (5) out of Five (5) could not corroborate this claim. None of the residents recalls encountering any guests or vendors taking photographs or videos. They stated they had never witnessed an outside vendor recording images or videos of residents without their consent. All residents confirmed signing the Media Release Form and stated they had no concerns about their images being shared on social media platforms. Resident #1 (R1) is unavailable for an interview due to the resident's death.
(Evaluation Report continues LIC 9099-C)
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