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On HIPAA And Photography

October 14, 2009 By Leave a Comment
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Earlier this week I mentioned a video on STATter 911 that showed an EMT swipe a camera from a local activist in the name of the all powerful 1996 Health Insurance Portability and Acountability Act (HIPAA).

Now I’ll be honest, while the video is slightly disturbing I can understand why it happened. The activist was being obnoxious, rude, beligerant, and basically baiting the EMTs and Police Officers. Unfortunately this particular EMT, identified as Captain Ronald Leslie, took the bait and swallowed it whole like a wide mouthed bass. What I find to be more outrageous, and a blaring indicator to the actual problem, were the comments left on the original post.

So it begs to question how could a Captain be so blatantly wrong in his assertion that HIPAA prevents photographers/videographers from taking images on a public street and how can so many providers think that he was actually in the right?

The answer is that we provide an extremely poor education in not only HIPAA but also laws regarding photography. I’ve had my fair share of people tell me the same thing, including supervisors, chiefs and directors. I thought that we had done better in this area of education, but it appears we haven’t.

Who HIPAA Actually Applies To

To violate HIPAA it must actually apply to you. Some covered entities are:

  • Doctors
  • Nurses
  • Clinics
  • Hospitals
  • Dentists
  • Chiropractors

…and since we bill health insurance for reimbursement…

  • EMS Agencies
  • EMTs
  • Paramedics

Anyone notice something missing? Yes, Firefighters don’t necessarily make the list. However if you are certified as a healthcare provider or belong to a fire based EMS system then you are included as well. For firefighters who are members of a fire department who does not respond to medical emergencies, are not healthcare providers and therefore do not bill for compensation, HIPAA does not apply.

As for everyone else, such as the media and John Q. Public with a Flip UltraHD Camcorder or a cellphone camera, since HIPAA does not cover them then the rules governing patient privacy do not apply to them. Therefore they cannot “violate” them.

3 Of The 10 Legal Commandments of Photography

Laws will vary from state to state and city to city, but there are some very basic guidelines that are universal thanks to the US Constitution and its Amendments. An excellent guideline to these rights are The Ten Legal Commandments Of Photography. In the case above there are three specific Commandments that apply:

I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.

So is a courthouse open to the public? I would hope so. Therefore it is indeed legitimate to photograph/videograph inside of that building. Government buildings deal with highly sensitive materials in regards to national security may indeed prohibit photography as per Commandment IV, but I don’t think the Keene Courthouse is harboring anything of that nature.

V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.

So this dispels the whole argument about the photographer not having consent forms for the people they photographed. If indeed it is in a public place, it can be photographed. Now what those photographs can be used for is a different issue. If for arguments sake someone wanted to use one of those photographs as an advertisement for a product inferring an endorsement, because it is now for commercial use they will probably need consent forms. The chances of that however are highly unlikely.

VI. The following can almost always be photographed from public places, despite popular opinion:

* accident & fire scenes, criminal activities
* bridges & other infrastructure, transportation facilities (i.e. airports)
* industrial facilities, Superfund sites
* public utilities, residential & commercial buildings
* children, celebrities, law enforcement officers
* UFOs, the Loch Ness Monster, Chuck Norris

Once again, these are things within public view and therefore are legally within the realm of the photographer without the need for any special dispensation.

A few months back I posted the NYPD OPS Order On Photography. If you read the OPS Order it is very specific that the laws and practices the NYPD abides by follows the Ten Commandments very closely.

It is important to realize that these permissions are truly in our best interest as a society. While it may seem not in the best interest of the patient, if the freedom to do so didn’t exist then the video of Paramedic Maurice White getting choked by Trooper Daniel Martin would be illegal as well. Ultimately it is important that Responders understand and respect both their responsibilities to and the rights of their patients and those around them, especially photographers and the media.

This is also a great reason why your agency should be involved in Social Media. If the Keene Fire Department would have had a Social Media presence instead of this webpage, they would have been able to defend themselves in a more direct fashion. If you’re from the Keene Fire Department and reading this, it’s not too late to get started in Social Media.

Filed Under: First Responder, Highlights, Imagery Tagged With:

On Blog Networks: Pros And Cons

October 7, 2009 By Leave a Comment
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Recently I’ve been involved in a few different discussions about Blog Networks, and both their benefits and the disadvantages. To be honest, I find it a little surprising that people are doing things now that are so… 2006… but whateva. In the interest of full disclosure I have been offered spots in quite a few Blog Networks on different topics, but I have only participated for a very short time on only one. That participation was over 3 years ago, but even with the amount of time that has passed it seems that there has not been much change to how they are run.

What Is A Blog Network?

A Blog Network is really a group of blogs that cover a variety of topics under one banner. A great example of a Blog Network (and where Blog Networks need to go) is B5Media. Another example of a Blog Network from a technical perspective, although they probably wouldn’t consider themselves one, is CNN who puts many blog voices under one banner.

Traditionally a Blog Network provides the technical support needed to create a blog, and the blogger provides the content that populates it. With the increasing popularity and stability of WordPress MU, Blog Networks have become another option for the average publisher to expand their presence on the internet with basic technological knowledge.

The Pros Of A Blog Network

  • Potentially increased visibility – By joining with other bloggers, there is the potential for you to increase your visibility. Compelling content is what draws readers in. Someone else’s compelling content of today can bring readers to your own compelling content of yesterday and tomorrow, bringing you extra exposure and new readers
  • Not bearing the sole burden of content – By not bearing the sole burden of content, a huge weight is lifted from your shoulders to stay fresh and relevant. The lessened demand leaves more time for family, friends, and of course Mafia Wars
  • The possibility of earning revenue without the hassle – This always seems to be the biggest pro that bloggers sign up for. Earning money is not as easy as throwing an AdSense block in your sidebar. Today it requires time and effort for effective sales in advertising. With the Blog Network handling the sale of ads on your blog and sharing the revenue with you

The Cons Of A Blog Network

  • Potential loss of visibility – If you haven’t already established a blog, this probably won’t matter for you since being at zero visibility means there’s only one way for you to go and that is up. Established bloggers need to realize that by jumping off their own blogs they are essentially starting all over again. Sure you’ll be able to announce to your readers that you’re moving, but the links that you have built up over time that the search engines use are going dead. They don’t automatically follow you to your new endeavor under a new domain. Some bloggers make a bigger mistake by bringing their domain with them, which will result in those backlinks going to an Error 404 page on the network or worse… to irrelevant content
  • The burden of higher quality content is higher – Sure you are part of a network, but what will make you stand out? Obviously you’ll need higher quality content than the next blogger in order to continue being the authority as you have been in the past
  • The Loss of Copyright – This is the absolute biggest reason to stay completely clear of a Blog Network. You write it and they publish it with their Copyright notice in the footer. This is less of an issue if you are a blogger who is getting paid for both a) content and b) performance. What I mean by that is you are getting paid a set amount per word/post and ontop of that getting performance or “traffic” bonuses. The working MO of Blog Networks is to offer you an ad revenue share based on the number of unique visitors or pageviews that you get. Some Blog Networks will even set a “minimum” performance level (which is usually some ridiculously high number) before they will include you into the ad share. Think about it… if they sell two ad spaces on your blog and collect the revenue but you don’t make their minimum “performance” level they are keeping your percentage… and the rights to the content you created
  • The Loss of Being Able to Determine Your Own Advertising – There is a reason that the FTC has made changes regarding blog advertising. An advertiser appearing in your sidebar isn’t just an acknowledgment of payment, but it can be inferred as an endorsement. So for arguments sake let’s say you have a bad service experience at oh… I don’t know… a motorcycle repair shop. You blog your disgust and how unfairly you and your bike Betsy were treated. You move on to other things, and then one day an ad appears in your sidebar for that very same motorcycle repair shop. Like contextual advertising, you have lost your ability to control who is cashing in on your reputation

What Every Blogger Should Know Before Signing Onto A Blog Network

  • READ THE FINE PRINT – As with everything you do, be sure to READ THE FINE PRINT, especially with Blog Networks where revenue is dependent on performance. The devil is always in the details…
  • Think About The Long Term Effects – I am a big believer in the revenue possibilities along the long tail. Make sure something you create today for them and not being compensated for is something you can use later on for yourself to generate revenue in case they cease to exist
  • Effects On Your Personal Brand – If you join a Blog Network you will surrender a bit of your Personal Brand that will be replaced by the Network Brand. In some cases this may good and in others it may be bad

Whether you decide Blog Networks are right for you or they aren’t is ultimately your decision. I think much of it depends on the entire reason you started blogging. Please, just go into it with your eyes wide open and both the benefits and disadvantages to both you and your readers in mind.

Filed Under: Blogging, Techie Tagged With: ,

NYPD OPS Order On Photography

June 12, 2009 By 1 Comment
NYPD_photography_rules

There have been a number of reports from photographers and tourists about NYPD forbidding them to take photos of such things as The Empire State Building, The Times Square Police Station, and photos on the New York City Subway. This is an NYPD OPS Order On Photography that was re-issued 4/03/09 (click to enlarge).

It is clear from the OPS Order above that NYPD is NOT allowed to view the photos taken without consent or direct you to delete them.

If traveling in New York City, I highly suggest printing a copy of this document out in case you run into an overzealous rookie.

Filed Under: Imagery Tagged With:

Oklahoma Trooper Assaults Paramedic

May 28, 2009 By 1 Comment
Maurice_White_Choke

On Sunday May 24 an Oklahoma State Trooper pulled over an ambulance transporting a patient to an emergency room and reportedly assaulted the Critical Care Paramedic who was charged with the patient’s care.

EMT Paul Franks and Critical Care Paramedic Maurice White from Creek Nation EMS were transporting a patient from Boley along highway 62 to the Prague Hospital Emergency Department. Near Paden the ambulance was pulled over by Oklahoma Highway Patrol Trooper Martin (Badge #606) because of the ambulance’s supposed failure to yield to him further back on the highway.

The incident was caught on video by the patient’s family and posted to YouTube. In the video you can hear EMT Franks request the Trooper to allow them to continue the transport to the Prague Emergency Department and to handle this matter there so as to no longer delay patient care.

Additionally you can clearly see that Paramedic White was in the back of the ambulance caring for the patient when he was pulled out and told that he was “under arrest”. While Paramedic White does in fact appear to resist the arrest, it should be noted that the Trooper Martin attempted to subdue him using a one handed choke hold meant to deny oxygen to his brain while the patient was being left unattended to in the rear of the ambulance. Since Paramedic White was the highest medical authority and charged with the patient’s well being it is understandable why he would in fact resist such an arrest action by the Troopers since there was no equal or higher medical authority for him to transfer care therefore leaving him as the responsible party.

You may think that common sense would dictate that if indeed Paramedic White allowed himself to be taken into custody that he would no longer be held liable for the well being of the patient, but common sense would also dictate that a law enforcement officer should not delay an ambulance crew from delivering a potentially critical patient to the emergency room. Apparently common sense is in very short supply from the Oklahoma Highway Patrol, and therefore it is safe to assume that it would also be in short supply in their other law enforcement and judicial agencies. Oklahoma is afterall the state that legalized upskirt photography to the delight of perverts and sexual deviants everywhere.

There is also reportedly a dashcam recording of this incident from the Trooper’s car that will reportedly show the ambulance crew assaulting the Trooper first, but surprisingly (or not) that has yet to be released.

Filed Under: First Responder Tagged With:
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