Photographer

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.

Video Source:ObscuredTruth.com via STATter911

The Ten Legal Commandments of Photography Source: Photojojo that is now available in book form as Photojojo!: Insanely Great Photo Projects and DIY Ideas

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.

Last week I wrote about the Obama Administration’s ill conceived Flyover Of Excess. Today, after receiving harsh criticism after initially stating the photo taken would not be released, the White House released both the actual photo that was taken while creating such a stir and the findings of its internal investigation.

In a statement on April 27, White House Office Of Military Affairs Director Louis Caldera stated:

Last week, I approved a mission over New York. I take responsibility for that decision.

Today he truly accepted responsibility as the White House reported that President Obama accepted his resignation. While there is rumor that he was “forced out”, well if he didn’t want to go willingly for his ambient stupidity then he should have just been outright fired for it.

Related articles by Zemanta

• NYC flyover cost more than $300,000 (msnbc.msn.com)
• So Why Does Air Force One Need Publicity, Anyway? (time.com)
• Photo Op Panic: 911 Calls Reveal Terror during NYC Air Force One Flyover (abcnews.go.com)
• You: $328,000 Photo: NYC Air Force Shot Won’t Be Released (abcnews.go.com)

The Loretto Chapel

Monday afternoon I was stuck in a holding pattern above LaGuardia Airport on a return flight from Denver after a weekend with friends in Santa Fe. Once I finally found myself on the ground I noticed there was a heightened level of security in the airport, but for once I can agree it was for a good reason.

Someone thought it would be a okay to fly one of President Obama’s Boeing 747 that gets used as Air Force One and two F-16 Fighters over the Statue of Liberty at a low altitude. The planes reportedly flew past the Statue a total of three times giving Air Force photographers an opportunity to take an iconic photo of the plane similar to the one above.

The flyover caused nothing but sheer panic in a city that has watched as not one, but two jetliners were purposely flown into its skyline. It was a mission approved by Louis E. Caldera, the Director of the White House Military Office. He did issue a statement of apology and accepted responsibility for his severe lack of common sense and good judgement.

You want to know what amazes me?

CBS News reports that the flyover of the three planes cost somewhere in the range of $328,000. This very same photo could have been achieved using Photoshop, as the Daily News points out, and it would have both cost a lot less and not caused such an uproar. So how many more of these frivolous missions do we taxpayers foot the bill for and not know it?

We are quick to jump on the auto industry for flying their private jets which by the way helps fuel the actual economy since they don’t use Air Force Bases. We are quick to jump on banks and insurance companies who have longstanding plans to spend money in Las Vegas. We are quick to jump on people who get raises we are promised. So why aren’t we jumping up and down all over not just the ambient stupidity of this decision, but also its expense?

Oh right, because now pigs are flying too.

Related articles by Zemanta

• Feds’ Photo Op With Low-Flying Jets Scares NYers (laist.com)
• Air Force One is one ’spiffy ride,’ Obama says (cnn.com)
• Low-level flight panics New York (news.bbc.co.uk)
• Pentagon Seeks Air Force One Replacement (cbsnews.com)
• Obama’s first flight on Air Force One (gadling.com)

EXIF Data

camera	Canon EOS DIGITAL REBEL XSi
focal_length	18
iso	400
aperture	4
shutter_speed	0.0166666666667

This was just something I did in photoshop for kicks. I took the two shots using a wireless remote with a 2 second timer, and then just merged the photos by erasing myself on the couch through to the one of me standing.

It’s all for shits and giggles.