Interesting article about unwelcome photography in hospitals:
...
"...the European Convention on Human Rights Art. 8 provides for a right to respect for a private and family life. Accordingly,
the patient in hospital has a reasonable expectation of privacy.
The privacy element will be immediately engaged if there is a patient who inadvertently forms the background of the unwanted image taken in the hospital. This may be on the ward, in a corridor, or within a clinical department such as radiology. It is perfectly possible her identity may be revealed by her appearance, to those who recognise her. There may be outwardly obvious signs of illness, such as jaundice or emaciation, which she wishes to remain confidential. Should her written name appear in the photograph, identification will be instant. Written details on her notes may also be in view, compromising her confidentiality further.
Our staff can and should object to being photographed without their consent. In the course of their employment in the hospital, where patient confidentiality is of such great importance, the staff can share the reasonable expectation that at work they will not be photographed without their consent. Their rights as citizens are not diminished by the fact that they are at work. They are fully entitled to request that the image is deleted, although have no power to insist on deletion; or to remove the device or the memory card. However, they remain free, as private citizens, to take civil action against unwelcome or intrusive photography performed without their consent.
The Criminal Justice & Immigration Act 2008 s119 may also provide us with some help. It relates to visitors (although not the patient himself) who (i) causes ‘nuisance and disturbance on NHS premises to a staff member and (ii) refuses to leave the premises when asked to do so.
In plain English,
the reasonable onlooker may well conclude that unauthorised photography in a hospital setting is a ‘nuisance’; and the confrontation that follows, a ‘disturbance’."