1. For purposes of sections 198.610 to 198.632, the placement and use of an electronic monitoring device in the room of a resident is considered to be unauthorized if:
(1) The placement and use of the device is not open and obvious; or
(2) The facility and the department are not informed about the device by the resident, by a person who placed the device in the room, or by a person who is using the device.
2. The department and the facility shall be immune from civil liability in connection with the unauthorized placement or use of an electronic monitoring device in the room of a resident.