- videocam Live Webinar with Live Q&A
- calendar_month April 14, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Family Law
- schedule 90 minutes
Elder Tech and Privacy: Surveillance, Consent, and Liability
Senior Living Policies, Family-Installed Devices, and Litigation Potential
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About the Course
Introduction
This CLE webinar will examine legal issues catalyzed by in-room cameras ("granny cams"), wearables, and remote patient monitoring (RPM) in senior living and home care settings where capacity may be diminished, shared decision-making is common, or where family members install technology "for safety." The panel will navigate the landscape of resident rights and dignity, facility policies, HIPAA requirements, state eavesdropping/wiretap exposure, and third-party rights and complexities.
Description
The panel will address questions like: Who can consent when a resident's cognition is compromised? What happens when a roommate or staff objects? Is audio lawful in two-party consent states? How should facilities treat recordings under federal resident-rights privacy requirements? The experts will also discuss litigation posture and preparation.
Listen as our panel considers how to counsel families, draft and review facility agreements and monitoring consents, coordinate with guardians/agents and care teams, and navigate the regulatory and evidentiary pitfalls that can turn well-intended monitoring into legal exposure.
Presented By
Ms. Bagby is vice president of litigation, managing AARP Foundation's legal advocacy work related to health, hunger, housing and human services. She specializes in civil rights, disability rights, health law and other public interest areas, with an emphasis on litigation. Ms. Bagby has been a part of the health team since 2008. She has litigated a range of discrimination and public interest cases in federal and state courts. Prior to joining the Foundation, Ms. Bagby worked for the Office of Counsel for the Office of Inspector General for the United States Department of Health and Human Services. From 1998 to 2004, she was the litigation director at Disability Rights DC and worked at Disability Rights Maryland before that.
Ms. Brock serves as Senior Attorney/ Chief Counsel for the ABA Commission on Law and Aging. She works on a variety of legal issues, including adult guardianship and guardianship defense, supported decision-making, elder abuse, financial exploitation, elder justice, advancing equity for older adults, and international human rights. Jessica is available for educational programming, research, and technical assistance. Prior to joining COLA, Ms. Brock directed the LAVA (Legal Assistance for Victimized Adults) Project at Indiana Legal Services and provided free civil legal services to older adults and disabled adults experiencing abuse, neglect, or exploitation. She is a Triple Domer, with a B.A., J.D., and LL.M. in international human rights law from the University of Notre Dame.
Mr. Brooks is Consumer Voice’s Director of Public Policy. He is an attorney formerly with the Aging and Disabilities Unit at Community Legal Services in Philadelphia. During that time, Mr. Brooks became an expert on nursing homes in Pennsylvania and nursing home regulations. He has a passion for justice and years of advocating on behalf of nursing home residents.
Ms. Gyamfi is a senior lead attorney at AARP Foundation. She is a health care expert who advocates nationwide for the rights of older adults with low to moderate income, addressing diverse issues that affect their daily lives and ensuring that they have a voice in the judicial system. Ms. Gyamfi works on matters involving health law, civil rights, elder abuse, disability rights, consumer protection, and other public interest areas. Prior to coming to AARP Foundation, she was senior counsel at the Office of the Inspector General, U.S. Department of Health and Human Services, where she worked on health care fraud and compliance matters. Ms. Gyamfi also litigated criminal and civil cases as a special assistant United States attorney for the U.S. District Courts of the Southern District of Florida and the Eastern District of New York. Maame is a graduate of Georgetown University Law Center and the University of California at Berkeley.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, April 14, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Technology overview: cameras, wearables, RPM, smart speakers, family-managed accounts, and cloud storage
II. Rights and settings: home vs. facility
III. Federal resident-rights privacy frameworks
IV. Consent and capacity: resident, representative, roommate(s)
V. Recording laws
A. One-party vs. two-party consent
B. "Incident capture” vs. continuous recording
C. Staff/third-party interactions and consent
D. Practical risk reduction
VI. Health data compliance: HIPAA and more
VII. Disputes and litigation preparedness
The panel will explore these and other key areas:
- Consent and capacity: resident consent vs. agent/guardian/resident-representative consent
- Best practices when family installs tech
- Roommate/staff notice and shared-space problems
- Audio vs. video legal exposure: audio recording as the tripwire
- Federal resident-rights privacy statutes
- When HIPAA applies
- Disputes and litigation readiness
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