I just joined this forum, and had a similar question to that posed by the OP.
Am am an amateur photographer/videographer. I film all kinds of things, and will occasionally go to a fire/EMS call if it is nearby and seems interesting. I always film from a publicly accessible area. It is not uncommon for me to have police or EMT people approach me & claim that I am violating HIPPA by filming. I am pretty well versed in HIPPA, and all the information I have indicates that unless you are a "covered entity," "business associate" or "hybrid entity," HIPPA rules do not apply to you. Yet that does not seem to prevent cops and EMTs from claiming otherwise.
Does anyone have information which suggest that an independent photographer/videographer standing in a public place cannot record a scene (provided they are not interfering in any way)? Also, does anyone have any insight as to why police, fire and EMT personnel makes such claims? Is it lack of training/education, or are they simply trying intimidate and get rid of people filming?
Thanks in advance.
Read my post above.
I am a commercial photographer and EMT. One of the things I do is Emergency Service Photography. I generally provide these images for free to my two local (City and County) fire departments, which they display on their Facebook pages and Instagram, as well as my own posting.
There are no laws that prohibit you from filming or photographing a scene if you are off duty, and on public property. Once you step on private property however, this is different. Its important to note that many places you wouldnt normally think of as 'private' actually are; for example parking lots. Technically, you can be told to leave a parking lot, and you would have to do so. The reason for being allowed to photograph in public, is because 1) you are not a covered entity under HIPAA, and 2) there is no expectation of privacy when in public. Its important to note that once the expectation of privacy is created (or what a reasonable person would assume creates an expectation of privacy), you may not photography. For example, you may NEVER open the back doors of an ambulance to gain information, even if its just verbal for an editorial. We have a stringer here that is known to do that. Even shooting into the back of an ambulance with its doors open is rude, although, not yet illegal.
As for why people are telling you that you are violating HIPAA, its probably a combination of them not being well educated on HIPAA, and them not wanting to be photographed. My coworkers all like it when they see me on scene, because they know I'm not going to show them in a bad light. However, if a peace officer (including some firefighters!) tell you to move, or leave the scene, you must do so. There are several reasons they can ask you to leave. Technically they arent supposed to forbid people from going places until it poses a safety or operational hazard, but that is loose language and is often left to the discretion of the IC. On scene is NEVER the place to argue media rights. Look at
this recent incident where a "photographer" was arrested for refusing to leave the scene of a structure fire. Just because you have a camera, doesnt make you media, and media, and Joe Blow have different rights.
Also, as a professional courtesy, I never show patients' faces, even though I'm not bound by HIPAA.
If you want to photograph EMS/Fire, there is nothing wrong with that. Some people dont like it, but that's their problem, not yours. HOWEVER, there is a smart way to do it, and a stupid way. If you have questions, etc, feel free to message me.
https://www.facebook.com/TreySpoonerPhotography/
