The Swiss Federal Data Protection and Information Commissioner (FDPIC) and privatim, the association of Swiss cantonal data protection authorities, have published a joint guidance on the use of digital monitoring systems in hospitals, nursing homes and other healthcare facilities. The Guidance on Monitoring of people in care addresses the increasing use of cameras, infrared sensors and radar systems to monitor patients and residents.

According to the authorities, such monitoring constitutes particularly intensive data processing as it may interfere with the private – and potentially intimate – sphere of often vulnerable individuals. This applies irrespective of the technology used and whether monitoring takes place continuously, indirectly through pictograms or only when predefined events, such as falls, occur.

The guidance sets out several key requirements: (i) monitoring must have a clear purpose serving the interests of the person concerned, such as improving patient safety, and must comply with the principles of proportionality and subsidiarity, (ii) less intrusive alternatives must therefore be considered first and (iii) where monitoring is necessary, indirect or event-triggered solutions should generally be preferred over continuous real-time surveillance.

The applicable legal basis depends on the type of institution. Public healthcare facilities must ensure that monitoring is directly or indirectly supported by applicable cantonal law, whereas private institutions are primarily subject to the Federal Act on Data Protection (FADP). Importantly, the authorities emphasise that consent is neither necessary nor, by itself, sufficient to legitimise monitoring. Transparent information about the purpose and implications of the monitoring nevertheless remains essential.

The guidance also stresses privacy by design, data security and appropriate risk management. Before introducing a monitoring system, healthcare facilities should clearly define its objectives, assess alternative measures and understand the system’s configuration options to minimise unnecessary data processing. These assessments should be documented and kept up to date, while the systems themselves should be regularly reassessed and staff appropriately trained.

The new guidance provides healthcare institutions with a practical framework for assessing and implementing digital monitoring technologies while safeguarding the privacy and autonomy of patients and residents.