# HIPPA and photos



## RALS504 (Oct 14, 2006)

When does taking photos of scenes for training purposes go too far?

http://www.jems.com/news/239939/

With the availability of camera in cell phones and smaller digital cameras this is at the fore front of privacy issues in EMS. I think this EMT would have been alright if he would have posted the pick without letting anyone know which accident they came from. These pictures do not necissarily violate a right to privacy because the patient was not in any of the pictures. What do you all think?


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## Summit (Oct 14, 2006)

> including an allegation that the district owns the photographs because they were taken while on duty.


Oh the district will get eaten alive in court on that claim. If you click the photo, you own the copyright unless they have a written contract stating otherwise. It doesn't even matter if the company owned the camera!

This really boils down to the service wanted to axe the guy and they think they found themselves a good reason.

I agree if the medic hadn't alluded to the incident, he would be scott free because otherwise the images have no identifying information... however he has signed consent even after the fact so there is NO legal violation.

He did nothing technically wrong as far as the pictures. As a photographer, I have posted pictures from accidents. I've even received heat for it. However, I would not have posted THOSE pictures and certainly not in that manner.


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## Jon (Oct 16, 2006)

I was going to post this last week when I first saw it... but I ran out of time and then forgot the next time I was on.

It is a BIG controversy, and will get worse. I think the serivce went overboard in firing him, and honestly, the pictures show no PATIENT at all... so I'm not sure the parents needed to be consulted at all.


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## gradygirl (Oct 19, 2006)

What if you take a picture of the patient with their own phone................... h34r:


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## Summit (Oct 19, 2006)

TCERT1987 said:


> What if you take a picture of the patient with their own phone................... h34r:



you own the full copyright (normal IP law) and they have the right to restrict your distribution (under HIPPA) and monetary gain (various other IP laws) to any level they deem fit


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## Ridryder911 (Oct 19, 2006)

Since the occurrence happened outside and it was a "news worthy" event he did not violate any laws as well. Now, if he take pics inside of the EMS unit, that is a different story. He also had permission of the family which totally discredits the HIPPA issue, even though he published them prior... 

This is a typical witch hunt and typical non-gonad management style. They apparently wanted to discharge this person, but probably did not have grounds... therefore an excuse. Now, they got their hands caught and cannot recant their methods. 

I do hope he sues and wins.. and takes a butt load of money. Hopefully, he will as well do the right thing and donate part of it ... this would help rebuild his character. 

It is a shame that those in municipal management believe they are above and create the laws..  

R/r911


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