The RCN is concerned about a reported rise in unsolicited photographing, filming and recording of nursing staff whilst at work. A recent survey found that more than one in three nurses have been filmed or photographed without consent by patients or relatives, with many reporting that the footage was later uploaded to social media.  Staff described feeling “humiliated,” “violated,” and “unsafe” as a result (Nursing Times, 2025). 

The unsolicited photographing, filming or recording of nursing staff by patients, service users and the public, particularly when such content is uploaded to social media platforms raises serious concerns regarding privacy, consent, and the psychological safety of healthcare professionals. 

Filming and recordings can happen in health or social care environments, in patients' homes or in public areas such as streets where community nursing staff are parking their vehicles.  

While patients may lawfully record their own consultations for personal use under UK General Data Protection Regulation exemptions, this does not extend to recording staff without their knowledge or consent, especially when such recordings are shared publicly.  

Uploading these photographs, filming or recordings to social media without consent may constitute a breach of privacy, data protection laws and lawful processing under GDPR Article 6.  

Unsolicited photographing, filming or recording of nursing staff and uploading content to social media may also constitute harassment and can also lead to cyber stalking of identified individuals. Cyberstalking and harassment are criminal offences. The offence may be more serious if it is related to someone’s religious or ethnic background (Sentencing Council, 2025). Where the activity has caused or is likely to cause harm to the reputation of the individual affected then this may constitute defamation which is pursued as a civil offence. 

Unauthorised photographs, filming or recordings may infringe on the rights of staff to work in a safe and respectful environment. The fear of being filmed without consent can contribute to workplace stress, anxiety, and a breakdown in trust between staff and patients. This is particularly concerning in the context of rising levels of work-related stress, work related violence and burnout in the nursing profession. Employers also have a duty under health and safety laws to take all reasonable measures to keep staff safe whilst at work. 

The RCN expects employers to protect nursing staff by: 

Implementing clear policies: Establish and communicate a zero-tolerance policy on unauthorised photographing, filming or recording of staff, with clear consequences for breaches. Employers in NHS Trusts in England and Wales should give due regard to section 119 of the Criminal Justice & Immigration Act 2008 which, with the expectation of those receiving medical treatment, allows for removal of individuals causing a nuisance or disturbance, from the premises by police or authorised trust staff.  Employers also need to consider protections of nursing staff working in the community with the increased use of footage from CCTV cameras and doorbell recordings.   

Displaying Signage: Use visible signage in clinical areas to inform patients and visitors that photographing, filming or recording of staff without consent is prohibited. 

Supporting Staff: Provide training and guidance on how to respond to unauthorised photographing, filming or recording, including escalation procedures and support services. 

Engaging with Patients and Visitors: Encourage open communication and explain the importance of consent and privacy in maintaining a safe and respectful care environment. Request that any unsolicited images or recordings are deleted. 

Legal Recourse: Where necessary, pursue legal action or involve police services in in cases of harassment, defamation, or data protection breaches. 

Nursing staff should report such incidents using their organisations reporting systems and registrants should follow the Nursing and Midwifery Council’s professional code and escalate concerns where the confidentiality of patients may be being breached by unsolicited photographing, filming or recording.  Employers should ensure that staff are aware of the need to report such incidents and ensure there is a means for capturing these types of incidents.  

Conclusion 
While patients and service users have the right to be informed and involved in their care, this must be balanced with the rights of nursing staff to dignity, privacy, and a safe working environment. Employers have a duty to protect their staff from unsolicited and potentially harmful photographing, filming and recordings. The RCN calls for the consistent enforcement of policies and legal protections, to address this growing concern. 


References  

Nursing Times (2025) https://www.nursingtimes.net/workforce/nurses-being-harassed-by-public-filming-them-with-phones-08-04-2025/

Sentencing Council (2025) https://www.sentencingcouncil.org.uk/outlines/harassment-and-stalking/