Law Assignment | Online Assignment

Henry is worried about his mother, Flora. She is elderly and lives in a care home. There are concerns as to whether Flora understands what is happening to her and to important decisions about her care.

Recently, Flora has been complaining about her care assistants. She has said of one in particular, “Mr Jones punched me in the shoulder”. Mr Jones is a large man. But when Henry checked his mother’s shoulder, he could not find any evidence of trauma or bruising. Henry has spoken to the care home management, GoodLife Solutions, and they have promised to investigate, but that has been some weeks ago, and Henry has heard nothing

Henry wants to install a private CCTV camera. He will pay for the camera and install it himself. He will transmit a live video feed from the camera to a cloud server so that he can gain access to the video 24/7. The cloud agreement is provided by the manufacturers of the camera for an extra monthly fee.

Advise Henry as to his rights to install the camera under the GDPR Regulation (EU) 2016/679 and UK Data Protection Act 2018.

Advise Goodlife Solutions as to the privacy rights (with regard to the camera) of all GoodLife Solutions’ staff who care for Flora.

Can Henry install the camera? If so, what safeguards must be put in place with regard to any data generated by the camera and prior to the installation?

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She is an elderly lady – Does she have capacity? Concept of Consent under “data protection” and “privacy”.

In a care home – she’s been looked after by GoodLife Solutiuons. What is their legal status? Private company, also the landlord “assuming they own the real estate”, this makes Flora a lessee of her room from the lessor – in digital economy law, the concept of a estate (virtual, or a platform, or a property (bit-coin), or an intangible property (copy right))

Where does the private dwelling end? And the public network begins? So, when installing CCTV camera, where is it being installed in a public place or a private dwelling? Who has rights to provide permission? Whose permission is needed?

Mr Jones, an employee of GoodLife Solutions is accused of physically abusing Flora. What are the legal questions that can be extracted from this situation?

Does Henry need a permission to install the CCTV camera for his (his mother’s) own room? Does he actually need to inform GoodLife Solutions? What happens if he installs a micro (hidden) camera? Can the surveillance be covert, or must it be overt? If it has to be overt, does he require permission?

Furthermore, the issue of cloud server link up. There are number of different ways to set up a video feed:
· Set top box in the room itself
· Set top box in the GoodLife Solutions’ office
· Direct recording to the SSD card – no set top box

Different layer areas of rights under the GDPR in the UK data protection act; you need to ascertain who the processor is? Who is controller? Are they the same person or not? Who is the data subject? Whose consent is required?

Consider Henry’s legal position, and GoodLife’s legal position in regards to its staff. Both sides of view.

Problem question, no an essay style.

Henry’s rights are such…

The advice for GoodLife would be….

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1000 words excluding footnotes, bibliography
OSCOLA system and include a bibliography

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