Q. An elderly person is under the constant care of a female non-Jewish caregiver. Can the family maintain on Shabbos the recording security cameras to ensure that he is given proper care?

A. In question 648 on this forum we wrote: Many Poskim rule leniently in the use of security cameras on Shabbos, which are today in widespread use on many streets, buildings, hotels, outside of nearly every business and gas station, outside of many private homes, shuls and even the Kosel.
There are different reasons mentioned by the various Poskim such as;

a) Although it is a Psik Reisha, (or the prohibited inevitable consequence of an action) the passerby does not care or intend to be recorded and does not benefit from being photographed. He only benefits from the system when there is an unwelcome intruder; thus becoming a p’sik reisha delo nicha lei or unwanted psik reisha, which Shulchan Aruch O.H. 320:18 permits in some rabbinic prohibition

b) The camera is in service and recording regardless if one walks by or not. Therefore the person’s movement activates nothing; the camera automatically records images, whether the person is there or not.

c) Being photographed is not considered a direct action unless one intends to be photographed. If one merely walks in front of the camera, the meleches machsheves is lacking and it is only a g’romo or indirect action.

d) The electronic image is technically not a form of “writing.” Additionally, since the data is not being permanently recorded (it usually erases automatically after a period of time), it is at worst a rabbinical prohibition. (See above a)

(Horav Moshe Feinstein zt”l in a letter to R’ Yisroel Rozen of the Tzomet Institute,
Yabia Omer 9:35, Horav Shlomo Zalman Auerbach zt”l – quoted in Ateres Shlomo 6, p57, Betzel HaChochmo 6:65, Shulchan Shlomo 340: note 12b, 39 Melochos and others)

Some years ago (Kislev 71) it became widely publicized that Horav Eliashiv zt”l ruled stringently. His psak was that although police cameras may not present a difficulty, since there is the added factor of “security concern,” non- security cameras, such as the Eish Hatorah Wall Camera are different and therefore one should avoid visiting the Kosel on Shabbos. Eish Hatorah reports that they complied with his request and since then they tilt the camera upward on Shabbos. (See also Orchos Shabbos 15, note 55 quoting a personal conversation Between Horav Eliashuv Zt’l and Ylch”t Horav Heinemann Shlit”a)

Horav Shlomo Miller’s Shlit”a opinion in this particular case is to be lenient and maintain the recording equipment on for the sake of the proper treatment of the patient. However, the live monitor should be turned off as it is basically of no consequence during Shabbos. In need the tapes can be reviewed after Shabbos.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a