b'SMART HOME TECHNOLOGYhow it may be used, and how it may be stored. If this data is not adequately Unlike in jurisdictions such as Quebec,protected, it can result in residents being vulnerable to data breaches, Ontario does not have legislation whichwhich may result in adverse outcomes like identity theft or other forms of specifically addresses how recordingexploitation if the data falls into the wrong hands. Residents and their devices can or should be used in long-termSDMs must do more than simply consent to the installation and use of care homes a smart camerathey must also be able to choose which data is shared with third parties and know when to opt out of certain smart camera their home and additionally controlmembers to critique and attemptfeatures. This may be particularly functions such as lighting and heatingto direct resident care. Operatorschallenging in long-term care settings, remotely, often using an app on theirhave been experiencing situations inwhere cognitive impairments or lack smartphone or another networkedwhich certain family members optof digital literacy may limit the ability device. Smart home devices nowto receive real-time alerts of whenof residents or their SDMs to fully making their way into long-term carecare is provided (presumably usingcomprehend the privacy policies, data homes differ from the traditionalmotion detection features), observeaccess permissions or controls of granny cams due to their advancedthe care in real time and use thesmart home devices. This then leads functionality which includes featuresvoice intercom to instruct staff onto the question of whether long-such as real-time alerts, cloud storagehow to provide care. This has led toterm care home operators should be capabilities, voice controls, motioninstances in which family membersaddressing data security issues related detection, night vision, and integrationhave attempted to interfere with careto the use of smart home devices by with other smart home systems. in a manner contrary to the residentsresidents through written institutional plan of care and express instructionspolicies and procedures.In a long-term care home, smartfrom the residents SDM. This form of cameras allow family members of avirtual interaction is also distracting forThe legal frameworkresident to access a live video feed oflong-term care staff as it can lead toIn Ontario, there is no law which a residents room through a mobileerrors when providing care. Perhapsprobits or permits the use of granny app and receive real-time alertsnot surprisingly, some staff memberscams or smart home devices, such to notify them immediately of anyhave expressed feelings of fear ofas Google Nest or Amazon Hubs, activity so that they can react quickly,and intimation by family membersin long-term care homes. Unlike in if needed. For instance, smart cameraswho intrusively monitor care in realjurisdictions such as Quebec, Ontario are being utilized to send alerts totime, leading to increased reportsdoes not have legislation which family members on their mobileof workplace harassment to whichspecifically addresses how recording phones when staff enter a residentsoperators must respond. As a result,devices can or should be used in room to provide care, allowing familythe use of smart home devices bylong-term care homes. Given that members to observe care in real time.family members in this manner hasOntarios Fixing Long-Term Care Act, Additionally, smart cameras oftengiven rise to heightened concerns of2021 and other provincial statutes do allow for voice communication andcompromised resident care and thenot have specific language around thus, can act as an intercom betweenundermining of relationships betweenrecording devices, long-term care the app and the camera. This featurea residents SDMs and family membershome operators must formulate their enables family members to speakwith long-term care staff. own policies and procedures which directly with staff, via voice or videobalance the rights of residents to calls, as care is provided to a resident.Another significant concern withsafety and security against the privacy As many smart cameras are wireless,respect to the use of smart homerights of others, including staffthey can also be easily repositionedtechnology in long-term careand co-residents.or relocated, making privacy morehomes is data security. Smart home difficult to monitor. Like traditionaldevices can gather sensitive personalAlthough Ontario lacks legislation granny cams, smart cameras alsoinformation about residents, includingspecific to the use of granny cams offer a residents family access toanything from recording personaland smart cameras in long-term care live and recorded video surveillance;conversations to collecting healthhomes, there is federal and provincial however, their enhanced functionalitymetrics and daily routines.Thislegislation and case law which has sparked new challenges for information is stored on externalindirectly addresses the matter.long-term care home operators. servers, which may involve sharing data with third parties for analyticsCharter of Rights and Freedoms One of the primary concerns sharedor advertising purposes. LegitimateThe Canadian Charter of Rights by long-term care home operators isconcerns arise about who has accessand Freedoms, along with relevant the use of smart cameras by familyto the sensitive information collected,case law, establishes that there is a 24 LONG TERM CARE TODAY Spring/Summer 2025'