Aesthetic Clinics Suspected of Voyeurism, MOHW: Recording in Consultation Rooms Without Consent is Illegal

Central News Agency

(Taipei, May 9, Central News Agency reporter Shen Pei-yao) As a series of alleged hidden camera incidents in aesthetic clinics has caused public alarm, the Physicians Association explained that clinics install surveillance cameras in work areas for self-protection. However, the Ministry of Health and Welfare emphasized today that if recordings are made in highly private consultation areas, such as examination rooms, without prior patient consent, 'it is illegal.'

It was recently discovered that Arly Aesthetic Clinic's Banqiao branch had pinhole cameras disguised as smoke detectors. This incident triggered a chain reaction, drawing attention to the necessity of installing surveillance cameras in medical facilities. Chen Xiang-guo, chairman of the National Federation of Medical Associations of the Republic of China, explained that many clinics install surveillance cameras in work areas for self-protection. He plans to remind medical institutions within one month that if they record, they must obtain informed consent from patients.

Chen Xiang-guo explained that in the past, doctors might have been less familiar with regulations and lacked the concept of informed consent for patients. As for the locations where medical institutions install surveillance cameras, most are in internal and external access areas, such as entrances, waiting areas, inside counters, and consultation rooms. However, private examination spaces for patients, such as areas for endoscopy, ultrasound, operating rooms, and treatment areas, will not have surveillance cameras installed.

Regarding the legality of recording in consultation rooms, Liu Yu-ching, deputy director of the Department of Medical Affairs, Ministry of Health and Welfare, told the Central News Agency reporter today that the current 'Regulations on the Protection of Medical Privacy in Medical Institutions' have clear restrictions on recording: 'During the diagnostic and treatment process, if both medical staff and patients need to record audio or video, they should obtain each other's consent first,' and it must be done openly and honestly, strictly prohibiting the use of hidden pinhole equipment.

Liu Yu-ching explained that the installation of surveillance equipment in clinics should differentiate spaces. For public areas like reception counters, general public usually has no objection based on administrative management needs. However, in highly private consultation areas such as examination rooms, if doctors or nurses need to record audio or video, they absolutely must obtain patient consent beforehand. 'As long as consent is not obtained according to procedures, the recording act is illegal.'

Regarding legal penalties, Liu Yu-ching stated that if images are leaked for non-medical purposes, it may violate Article 72 of the Medical Act concerning 'unjustified disclosure of patient secrets.' If voyeurism or similar acts are confirmed through investigation, it may violate Article 108 of the Medical Act, 'engaging in indecent or health-endangering improper business.' In severe cases, local health bureaus may impose fines of NT$50,000 to NT$500,000 based on verified evidence, and may also impose business suspension for 1 month to 1 year.

To strengthen medical privacy protection, the Ministry of Health and Welfare is scheduled to convene local health bureaus and the National Federation of Medical Associations on May 13 for discussions. Liu Yu-ching stated that in addition to reiterating privacy protection guidelines, New Taipei, Kaohsiung, and Taipei cities have already initiated joint inspections, expanding searches to medical and potentially disrobing areas. The meeting will also discuss whether to follow suit to ensure patients' right to medical treatment. (Edited by Li Hsi-chang) 1150509

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