Patient Privacy in public

Aidey

Aidey

Community Leader Emeritus
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JPINFV said:
More importantly, there's the issue of enforcement. How far away does it cover? Does it cover incidental photography? What about security camera footage (which is currently extremely important in a Southern California incident which has one police officer facing second degree murder charges and another facing manslaughter charges after they beat a homeless man to death)?

Finally, what other rights do we give up just because there's an emergency situation nearby (since no one is arguing that a reasonable exclusion zone can't be created, thus this is about what happens beyond the barrier)?
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Also, when does the patient become the patient, and therefore non-filmable? When they collapse and fall to the ground? When we show up on scene? What if someone trips and falls, and other people help them up, but EMS never shows up? Would they be covered? What if the patient isn't identifiable, for example the pictures are of their body, but not their face.

Lots and lots of variables.
 
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heatherabel3

heatherabel3

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I get what your saying and I see how small my tunnel vision here actually is. I was thinking something along the lines of: security footage, traffic cams, etc would still be acceptable as there is no one going to further share that footage and it only be used in the event of evidence in a trial. Any random person at an accident scene, however, snapping photos or recording video, intentionally, of a patient who shares that material in any way is punishable by law.

Like I said, after reading I realize it would be near impossible to actually write such a law and my thoughts were somewhat narrow, I just think it sucks that any random Joe can put someone's naked, injured body on YouTube for the world to see and there is nothing that can be done about it.
 
Aidey

Aidey

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Who said nothing can be done? People win civil lawsuits for "emotional distress" all the time.
 
JPINFV

JPINFV

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heatherabel3 said:
I get what your saying and I see how small my tunnel vision here actually is. I was thinking something along the lines of: security footage, traffic cams, etc would still be acceptable as there is no one going to further share that footage and it only be used in the event of evidence in a trial. Any random person at an accident scene, however, snapping photos or recording video, intentionally, of a patient who shares that material in any way is punishable by law.
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I think your premise regarding security footage is flawed. If I own a store with a security camera, then I also own the footage covered and can do with it as I please.

Like I said, after reading I realize it would be near impossible to actually write such a law and my thoughts were somewhat narrow, I just think it sucks that any random Joe can put someone's naked, injured body on YouTube for the world to see and there is nothing that can be done about it.
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I agree that it sucks, but that's the price of liberty. To bring back a reference I tried to bring up over there, the same freedom of speech that protects my speech protects the speech of the Neo-Nazies, and I know that as long as their speech is protected, any bat-[poop] speech I might have is also protected. I'd rather have the legal line someplace out over there than someplace closer.
 
Aidey

Aidey

Community Leader Emeritus
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I had that case in mind, but I was speaking generally about emotional distress suits, not just ones involving photos of people having an emergency.

Her case is different too because the officers who originally sent out the photos were not the people who put them online for the general public to see.
 
Bullets

Bullets

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The only caveat i can see to this issue is that there are some states where you need the consent of all parties to record audio, so while you may be able to film, you cant record what they say....Also Illinois, Maryland and Massachusetts currently have cases where an individual has been arrested for filming police, but the cases are still open
 
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