A Missouri mother was recently accused of violating HIPAA after taking a smartphone photo of her son during a hospital doctor’s appointment. The photo upset her son’s doctor because it included a small frame of the doctor’s daughter in the background.
The mother also shared the image online. In response, she deleted the photo. Additionally, the hospital is reviewing its policy on photos taken within its facilities.
This incident suggests that other hospitals will also need to reevaluate their photography policies, especially as the popularity of smartphone photography and online photo-sharing continues to grow. It also calls attention to the broader implications of photography on employers in general.
Under HIPAA, hospitals and doctors’ offices must strive to create environments in which patients feel protected. Patients could feel that their privacy was compromised if they were included in photos taken and distributed by others.
Similarly, other employers should ensure that any photos taken maintain the privacy of individuals and sensitive information. To protect sensitive client information, Benefit Allocation Systems, Inc. has implemented a policy that prevents photos from being taken around PHI. All camera use is limited to break areas and company sponsored social events.
It remains to be fully seen how privacy will be upheld in light of smartphone photography’s continued rise.