Ai Er Li Case: Medical Reform Foundation Calls for Clear Regulations on Consultation Room Recording, Comprehensive Investigation

Central News Agency (CNA) reporter Shen Pei-yao, Taipei, 7th – Following suspicions of hidden pinhole cameras at Ai Er Li Clinic, the Taiwan Medical Reform Foundation today urgently called for 'no secret recording, medical care must be protected, and regulations must be clear.' They stated that recording in consultation rooms requires the consent of both doctors and patients, and the Ministry of Health and Welfare should clearly regulate recording situations and conduct a comprehensive investigation of medical institutions nationwide. Ai Er Li Clinic's New Taipei Banqiao branch was found to have suspected pinhole cameras hidden in smoke detectors, and other branches are also under investigation. New Taipei prosecutors and police yesterday brought in Ai Er Li President Chang Ju-shan and eight others. Early this morning, Chang Ju-shan, Assistant Manager Chang, and vendor Hsieh were detained and held incommunicado on charges including unauthorized recording of sexual images. Lin Ya-hui, CEO of the Taiwan Medical Reform Foundation, stated in a media interview today that while medical institutions often claim that recording is to prevent medical disputes and serve as self-protection evidence, if it is not collected under reasonable and legal regulations, such as unauthorized secret recording, its legality and procedural justice will be highly controversial. Lin Ya-hui stated that illegally obtained images may not serve as a 'talisman' and may instead involve offenses such as infringement of privacy or violation of the Personal Data Protection Act, greatly reducing their legal effect. She emphasized that consultation rooms are not public spaces, and recording must be based on the consent of both doctors and patients. If a doctor deems it necessary, they should clearly inform the patient of the purpose, method of data use, and the patient's right to inquire. Lin Ya-hui criticized the Ministry of Health and Welfare's current 'Medical Institution Medical Privacy Protection Regulations' as being too simple and limited, lacking detailed operational guidelines. She suggested that the Ministry should refer to practices in countries like the UK, including recording scope, consent form formats, proxy consent for incapacitated persons, data retention and destruction periods, to formulate detailed regulations and define what constitutes 'reasonable and necessary' situations. Regarding the common 'Please smile, you are being recorded' signs in consultation rooms, Lin Ya-hui stated that 'this does not equate to patient consent.' The Medical Reform Foundation's long-term observation of doctor-patient relationships has found that power is often unequal, and patients, in order to receive smooth medical care, are often in a vulnerable position and dare not refuse. Therefore, the consent process must be transparent and conform to autonomous will, unless it is an emergency collection of evidence in the face of violent threats, patients have the right to refuse non-medical necessary recording. In response to the Ministry of Health and Welfare's recent inspection of a specific clinic group, Lin Ya-hui called for this case not to be viewed as an isolated incident. The Ministry of Health and Welfare should take advantage of the ongoing discussions on amending the Medical Care Act to proactively formulate clearer policies, not only to protect the occupational safety of doctors but also not at the expense of patient privacy. In addition, she suggested that the Ministry of Health and Welfare should conduct a comprehensive investigation of the installation of photographic equipment in medical institutions nationwide to uphold medical ethics. (Edited by Wu Su-jou) 1150507. Stand with facts, your sponsorship is the power to protect press freedom. Download CNA's 'First-hand News' APP to stay updated. The text, images, and videos on this website may not be reproduced, publicly broadcast, or publicly transmitted and used without authorization.