Family may not have a case

If photos of elderly woman in rest home released after she died, family may not have a case for breach of privacy says Privacy Commission

19 November 2009
The Privacy Commission is sympathising with the family of 103-year-old Myra Letts who claim her privacy was breached when a photo was taken of her in a rest home but they may not have a case.

MidCentral DHB terminated the contract of Rose A Lea rest home in Palmerston North after receiving photographs of Mrs Letts tied to a bed with a sheet. Mrs Letts' family has contacted a lawyer, claiming the photos were taken without their permission and were a breach of privacy.

Assistant Privacy Commissioner Katrine Evans says she is not surprised the family is upset. She says taking pictures of highly vulnerable people without their consent and then passing them on is usually a serious breach of privacy. However, she says if the photos were released after Mrs Letts had died then there could be difficulties because privacy laws only cover people who are alive.

Ms Evans says there can be situations where taking and disclosing a photograph is the only way to get evidence that there is a serious risk to someone's safety.

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