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Republic of the Philippines 3

HOUSE OF REPRESENTATIVES = [© p9i.07 AUG 2017 }
Quezon City TNE. Ag Por +
WY: pi . J
SEVENTEENTH CONGRESS -
Second Regular Session
HOUSE BILL NO._ 6125

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

Many Southeast Asian countries require the installation closed circuit
television (CCTV) cameras in their hospitals. In Vietnam, medical establishments
are compelled to have CCTV cameras to monitor the activities of their staff. In
Malaysia, surveillance cameras are installed in operating rooms to ensure the
safety of the patients.

The installation of surveillance cameras in hospitals offer a number of
advantages not only to the patients but also the staff. First, footages of operations
will be beneficial in cases of medical malpractice as both the patient and the
doctor can refer to them to prove their cases. The instances of baby switching
will also be minimized, if not completely avoided, when delivery rooms and
nurseries have CCTV. Lastly, having CCTV cameras in hospital entrances and exits
will provide additional security for all those in the hospital. Overall, cameras in
hospitals prevent theft, smoking, and other various violations of the law on the
premises.

Furthermore, this bill makes it criminal for any person to leak footages
captured by the hospital CCTV camera without a court order thereby giving
assurance to patients and medical staff that their privacy is protected.

In view of the foregoing, the passage of this bill is earnestly sought.

‘ALFRED Vi ;AS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SEVENTEENTH CONGRESS
Second Regular Session

House BILLNO. 6125

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
REQUIRING HOSPITALS TO INSTALL CLOSED CIRCUIT TELEVISION (CCTV)
CAMERAS IN SELECTED PORTIONS OF THE HOSPITAL AND PENALIZING THE
PUBLICATION OF THE VIDEO TAKEN BY THESE CAMERAS WITHOUT A
COURT ORDER

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the Hospital CCTV
Act’.

SECTION 2. Declaration of Policy. - It is the policy of the state to protect
and promote the right to health of the people and instill health consciousness
among them. Likewise, it is also the declared policy of the state to respect the
privacy of individuals. In this regard, Closed Circuit Television (CCTV) cameras will
be required in selected portions of a hospital but to ensure that the privacy of
individuals concerned are protected, the video taken by these cameras cannot be
released without a court order.

SECTION 3. Installation of Closed Circuit Television Cameras (CCTV) in
Hospitals. - All hospitals in the Philippines should install CCTV cameras in all their
entrance and exits, operating rooms, delivery room, intensive care units and
nurseries.

SECTION 4. Privacy Request Paramount. ~ Notwithstanding Section 3, a
patient or his legal guardian can request that the CCTV camera be turned off during
his stay in the rooms mentioned in Section 3. In addition, in rooms with multiple
Occupants, a majority of the occupants should make the request to turn the CCTV
camera off during their stay provided what whenever possible, the patient who
does not want to be caught on CCTV camera may stay in a portion of the room not
covered by the CCTV camera.


SECTION 5. Authorized Operator. - Only the authorized operator and the
hospital director or his authorized representative is allowed access to the soum
where the footage of the CCTV cameras are monitored and stored

SECTION 6. Prohibition on Unauthorized Publication. - Belore any sll

photo or video caught by the CCTV cameras can be made public. a publication order
from the Regional Trial Court having jurisdiction over the hospital should be
obtained. A photo or video is considered as published when it is shown or made

known to someone other than the proper administrative. law enforcement oF
judicial authorities.

SECTION 7. Penalties. - Any person who violates any provision of this Act
will be punished by a minimum of five years and a maximum of ten years
imprisonment and a fine of Fifty Thousand Pesos (P50,000.00)

SECTION 8. Implementing Rules and Regulations. - The Department of
Health shall prescribe the necessary rules and regulations to implement this act

SECTION 9. Separability Clause. - If any provision, or part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting

SECTION 10. Repealing Clause. - Any law, presidential decree or issuance
executive order, letter of instruction, administrative order. rule or regulation
contrary to or inconsistent with, the provisions of this Act is hereby repealed
modified, or amended accordingly.

SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers ot general
circulation,

Approved,