BarbriSFCourseDetails
  • 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

BarbriPdBannerMessage

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

Jessica Brock
Senior Attorney, Chief Counsel
American Bar Association

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.

Sam Brooks
Director, Public Policy
The National Consumer Voice for Quality Long-Term Care

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.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • 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