No body-worn cameras for paramedics for the time being [Update – 8.5.2025]

Audio-visual monitoring at the work of paramedics can only be implemented if other, less intrusive methods to ensure the safety of patients and medical professionals are insufficient. It is also necessary to ensure high standards of data security in relation to the use of monitoring devices.

The President of the Personal Data Protection Office, Mirosław Wróblewski, addressed this matter to the Minister of Health, as there were signals in public space of the works to implement body-worn cameras for paramedics. This would improve their physical security, with the media reporting recently the attacks on paramedics who provided assistance. However, body-worn cameras interfere with the constitutionally protected right to privacy of both paramedics and patients. National Section for Emergency and Medical Rescue of NSZZ “Solidarność” (Independent and Self-governing Trade Union “Solidarność”) also draw attention to this issue in its address to the President of the Personal Data Protection Office.

The President of the Personal Data Protection Office has therefore indicated within which legal framework the processing of data in such a situation is possible and the limits to which it is subject. The use of body-worn cameras is a highly intrusive activity in terms of privacy, and therefore it must always be carefully assessed whether such a solution is actually necessary and proportionate to the objectives pursued and meets the requirements of the Constitution of the Republic of Poland.

The limits of permissible interference with regard to constitutional rights – to privacy and to the protection of personal data – are laid down in Article 31 (3) and 51 (2,5) of the Constitution of the Republic of Poland.

As provided for in Article 52(1) of the Charter of Fundamental Rights of the EU, any limitations on the exercise of the rights and freedoms (Articles 7 and 8 of the Charter) recognised by the Charter may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others. The conditions for the admissibility of processing of personal data, including special categories of data, such as data concerning health, are laid down in Article 6 (1)(c) and (e) in conjunction with Article 6 (3) and Article 9 (2,3) of GDPR.

In order to meet these requirements, a data protection impact assessment must be carried out for the envisaged legal solution. Application of this instrument, as provided for in Article 35, in particular for the legislative process in Article 35 (10) of GDPR describes the processing operations of personal data while assessing their necessity and proportionality, as well as the risks that the type of processing entails for the rights and freedoms of natural persons.

Data processing during emergency interventions may particularly often be associated with very sensitive situations due to their medical activities towards patients, family/home situations. The requirement to respect the dignity and intimacy of the patient derives from the provisions of the Patients’ Rights Act and the Commissioner for Patients’ Rights and from Article 30 of the Constitution of the Republic of Poland. At the same time, it should be pointed out that the video surveillance system not only constitutes a significant interference with the rights and freedoms of persons subject to such monitoring (which may include third parties), but also with regard to the rights and freedoms of paramedics themselves, including their labour rights as laid down in the Labour Code.

DPNT.413.13.2025

When introducing legal solutions in this area, it is therefore necessary to strike an appropriate balance between the rights and interests, i.e. the public interest, the right to the protection of personal data and the right to privacy.

Opinion in Polish: DPNT.413.13.2025

Update

Jerzy Szafranowicz, Under-Secretary of State at the Ministry of Health, in reply to the letter of the President of the Personal Data Protection Office of 3 April 2025, pointed out that the Minister of Health had not decided to equip members of emergency medical teams with body-worn cameras, inter alia, in view of the risks associated with the introduction of such a solution, as indicated by the supervisory authority. The Minister of Health also shares the concern about the need to preserve patients’ privacy and to protect their image when they are assisted by paramedics.

Jerzy Szafranowicz assured that, should legislative work be undertaken in this area, the President of the Personal Data Protection Office would be consulted. 

Please find below the content of the Minister of Health’s reply to the President of the Personal Data Protection Office (in Polish).