Juridische aspecten van videoregistratie bij operaties

Conflict of interest: none declared. Financial support: the institutes to which the 3 authors are affiliated received financial support from the Dutch Organization for Scientific Research (NWO) for this study.

• Video registration in hospitals is becoming increasingly frequent and an increasing number of surgical procedures are performed with the help of video imaging.

• The Technical University of Delft is developing a safetysystem that will use video images to directly inform medical staff of technical problems during surgery so that necessary adjustments can be made in time: the digital operating room assistant.

• However, the saving of video images is legally considered to be processing of personal data. Dutch privacy legislation requires that certain legal demands are taken into consideration.

• From legal point of view three situations can be distinguished where video images are being used: (a) as an essential part of treatment (endoscopic surgery, for example), (b) to enhance the quality of the procedure, and (c) for the purposes of peer assessment or education.

• To whom and in which way consent has to be asked, differs per situation.

• We recommend that video recordings of crucial points in the operation are included in the patient file. The same counts for incidental findings or complications if, according to the standard of a good caregiver, this is necessary for the further treatment of the patient.

• In addition to the doctor and the patient, in certain circumstances, access to the video recordings may also be granted to the Health Care Inspectorate and, to the Public Prosecutor.

• Covert video recording of an employee is a breach of privacy and essentially punishable by law. Video recordings may not themselves be used to assess the performance of the surgeon involved.