Right to privacy

What does right to privacy mean?

Privacy is a fundamental human right and a core component of dignity in residential or long-term care. [1] The right to privacy is multidimensional and includes physical, social and informational privacy. Each of these is important in ensuring dignity, autonomy and wellbeing. [2]

Physical privacy refers to the protection of the body, personal space, and private activities. Aged care residents have rights to the following:

• Reducing unnecessary body exposure during care, such as continence support or bathing. [3]  
• Choosing caregivers of the same sex, especially for intimate care. [3, 4]
• Requesting that people knock before entering rooms and preventing unwanted entry. [4]

Social privacy refers to the ability to control social interactions, relationships, and intimacy. Residents have the right to private visits and uncensored communication. [5]  

Informational privacy refers to control over personal information, including sexuality, health, and daily routines. Residents have the right to raise their concerns if their personal information or expression of sexuality is being shared with other people and family members. [6] Surveillance technologies used in facilities increase the risk for data exposure and can violate informational privacy. [2] Read more about privacy and safety in technology in aged care. 

Why does this matter for rights-based care?

Rights‑based care requires embedding privacy and dignity into every aspect of organisational practice, environment, and culture. Protecting older people’s rights to privacy is required to ensure dignity, autonomy, and person‑centred care. [2, 3] Privacy and dignity are emphasised in the Australian Government’s Strengthened Aged Care Quality Standards 1 (The individual) and 7 (The residential community). 

Privacy violations are often systemic, not individual failures. Caregiving routines, understaffing, shared rooms, and other environmental design limitations can contribute to privacy violations. [2]

Rushed routines, rigid schedules, and increased workload can also weaken privacy. [2] Staff must use consent-based, calm, and respectful care so that residents’ rights to privacy remain protected. [3] When staff follow these practices, even intimate care such as continence care and bathing becomes a space where rights are upheld rather than compromised.

The environment plays an important role in respecting privacy. Many facilities offer little privacy, with shared rooms or single beds that make private conversations and intimacy difficult. This discourages residents from expressing their needs, especially for people living with dementia. [6] A rights‑enabling environment is one that makes privacy possible through good built design. Private rooms, modular layouts and personalised spaces give residents control over who enters their room and when. When the built environment supports privacy, residents can express themselves freely, exercise autonomy, maintain social connections on their own terms, and experience care that respects their rights. [2]

Technology can support privacy when used well. Discreet fall‑detection systems can reduce the need for staff to keep entering residents’ rooms. Communication tools can help residents stay connected without staff involvement. However, technology can also threaten privacy. Surveillance tools risk data exposure and can create a sense of always being watched. Ethical governance and consent‑based technology use are required to uphold residents’ rights to privacy. [2]

Upholding and enhancing rights to privacy means building staff skills to deliver respectful care, personalising and designing spaces that suit each resident, and using assistive technology in ways that support independence without intruding on personal dignity. [2]

Want to learn more?

Explore these resources from the Australian Government Aged Care Quality and Safety Commission:

• What is privacy?
• Privacy policy

ARIIA has developed resources to support privacy and dignity concerns in aged care:

• Dignity concerns for the use of technology
• Privacy and safety 

What can be done?

Privacy enabling caring routines

Aged care workers:

• Staff and carers must avoid unnecessary exposure of body parts during bathing, dressing or continence support and assessment. 
• Ask permission or consent when providing care to sensitive body parts. 
• Respect residents’ choices for a same sex staff or carer.
• Acknowledge and respect residents’ sexuality and need for intimacy.
• Knock on doors before entering the room.

Managers:

• Ensure staff are trained on privacy enabling caring routines and respecting sexuality and intimacy. Provide regular training if needed. 
• Place signages designated as private areas and reminders for entry policies.
• Ensure that there are policies on obtaining and documenting consent. 

The evidence:

• The right to privacy includes concepts of respect for the dignity of identity. For example,  respecting the resident’s desire for a service to be provided by caregivers of the same sex when receiving assistance during the control and rise of continence. The right to privacy includes reducing exposure to the body or assistive devices (such as prostheses or urinary catheters. [3]
• Training caregivers to recognise residents' rights across all dimensions of privacy —physical, informational, and social — is essential. [2]
• The incorporation of intimacy and sexual expression as part of training courses for healthcare professionals may influence their attitudes towards intimacy in a residential aged care setting. [6]

Privacy enabling environments

Aged care workers and care teams:

• Respect residents’ request for privacy. 
  Encourage and support residents in personalising their own spaces and environment.  Learn more about personalising environments.

Managers and organisations:

• Use simple environmental features that can strengthen privacy. These help residents control visibility and access, and support dignity during personal care and intimate activities. These include: 

1. Using partitions and curtains or placing sliding doors
2. Placing clear signages for specific areas
3. Agreed- upon entry rules

Organisations and policymakers:

• If possible, design facilities using modular clusters and small household-style units, allowing privacy and autonomy. These layouts reduce noise, foot traffic and unplanned intrusions. They also allow residents to move more freely without constant observation.

The evidence:

• Personalisation supports identity, autonomy and emotional safety. It also signals to staff that the room is a private space, not just a care setting. [2]
• Facilities should adopt person-centred environmental design to protect privacy and dignity. [2]
• Successful alternatives to the design of spaces and environment include using modular clusters that preserve physical dignity and maintain social autonomy. [2

Ethical use of technology

Care teams:

• Staff and care members should only collect information that is necessary for care, explain why it is needed, and check the resident’s preferences before sharing it with family or other providers.

Organisations:

• Provide staff training on the purpose of using technology and setting firm rules and policies about who can view care notes or digital records.

The evidence: 

• Assistive technology can enhance residents' independence and privacy, particularly through communication tools and fall detection systems that maintain dignity while ensuring safety. [2]
• Adoption of assistive technologies should balance safety with informational and physical privacy, requiring ethical governance. [2]