Elder Abuse Online: Nursing Home Staff and Privacy Breaches

 Posted on October 24, 2025 in Personal Injury

The rise of social media has resulted in a troubling new "trend" regarding Illinois nursing home abuse. Staff in nursing homes are posting "elder shaming" videos on TikTok, sharing unauthorized photos of elderly patients in group chats, and misusing smartphones to deliberately humiliate elderly residents.

While these acts are certainly unethical, they also violate Illinois privacy laws, criminal statutes, and the Nursing Home Care Act (210 ILCS 45/). When loved ones are filmed, exposed, or mocked online by those who are supposed to be caring for them, personal injury lawsuits may be filed.

Although digital abuse differs from physical or emotional abuse and neglect, it can be just as harmful. If your loved one has been shamed or humiliated through digital avenues, speaking to an experienced Arlington Heights, IL nursing home abuse attorney can help you seek justice on his or her behalf.  

How Does the Nursing Home Care Act Protect the Dignity and Privacy of Nursing Home Residents?

There are specific rights detailed in the Illinois Nursing Home Care Act that protect the privacy and dignity of nursing home residents. Residents have the right to be treated with respect and the right to privacy in all personal and medical information. Residents also have the right to be free from abuse, restraints, or degradation.

Dignity and respect must be upheld by nursing home staff in all interactions with residents, who have the absolute right to be treated with kindness and compassion without being degraded or humiliated. In addition to the Illinois Nursing Home Care Act, the Centers for Medicare & Medicaid Services warns about the exploitation of the elderly on social media, and sharing images or medical details is a HIPAA violation.

Could Criminal Charges Apply to Online Elder Abuse?

Certain criminal statutes may apply in addition to HIPAA violations and violations of the Illinois Nursing Home Care Act. Illinois statute 720 ILCS 5/11-23.5 details the non-consensual dissemination of private images. Violations of this statute are a Class 4 felony, with penalties of one to three years in prison, an extended term of three to six years in some cases, plus a one-year mandatory supervised release period.

Fines can reach $25,000, and restitution may be ordered. A lesser criminal charge of Disorderly Conduct (720 ILCS 5/26-1) could also be charged in these cases. Disorderly conduct is generally charged as a Class C misdemeanor, with penalties of up to 30 days in jail and fines up to $1,500, or as a Class 4 felony, with the same penalties as dissemination of private images.  

Is the Nursing Home Facility Liable for Staff Members’ Actions?

Nursing homes may be held vicariously liable for the actions of employees during work hours or on facility property. The facility may be held liable for failure to supervise, enforce policies, or properly train staff members. Failure to implement device or social media policies could be considered negligence per se. Civil damages are available to victims, including for emotional distress, privacy tort claims, and, in some cases, punitive damages.

What to Do If Your Loved One is the Victim of Digital Abuse?

Families of loved ones who are the victims of digital nursing home abuse can file a complaint with the Illinois Department of Public Health. They can coordinate with local law enforcement and the Illinois Long-Term Care Ombudsman Program. Digital evidence, like screenshots, metadata, and app logs, should be collected, and family members should speak to a nursing home abuse attorney as quickly as possible.

Contact a Cook County, IL Nursing Home Abuse Lawyer

If you believe your loved one has been mocked, humiliated, or degraded on social media through the use of images or videos, you must act quickly. These incidents not only violate privacy laws and criminal laws, but they can also inflict lasting emotional harm. An Arlington Heights, IL nursing home neglect attorney from Dickler, Kahn, Slowikowski & Zavell, Ltd. can help you uncover the digital evidence, file complaints, and pursue compensation. We have more than 150 years of combined legal experience and work hard to seek justice for our clients. Call 847-593-5595 to schedule your initial attorney meeting.