Am I On Camera? No Paparazzi Please!

In a time where technology seems to be the common theme throughout the world, and the majority of people have smartphones with video and camera capabilities at their fingertips, it is most certainly changing healthcare. Have you ever been asked by a family member to be recorded during standard care...or even thought you were being secretly taped by them? Nurses General Nursing Article

There have been lawsuits and stories galore about HIPAA violations related to healthcare practitioners taking pictures of interesting wounds, markings, tattoos, etc. on patients, and when patients found out, they became upset and sued for violations of their privacy. If you are a patient with an interesting medical case, there are two ways it can go: you want to hide under a rock and just get treatment, or you may be interested (especially at a teaching hospital) in having your case discussed at multiple levels and allow pictures of every step of your case so that others can learn from what you experienced.

I understand both sides, which is why most hospitals, if not all, have releases that patients can sign for medical use of photographs (as part of the medical record) so that patients are aware pictures may be taken, but they are being used for medical educational purposes. Patients have the ability to approve or decline the use of pictures, and it gives them that power of decision over their body, in a time when they can feel helpless, which is crucial for them.

Recently there has been a new trend that I have seen at my own hospital, but heard about from various nurses throughout the country, and it is the reverse: patients (or their families) taking videos and pictures of healthcare providers, during routine care and/or family meetings without telling them. During family meetings, especially if a patient is in a critical care unit and family members may be making decisions for a loved one who cannot make decisions for themselves; they may be stressed during the conversation, worried if they are making the right decision and wanting to remember every word of the conversation to relay to other family members to explain their decision making process, but does that give them the right to secretly record our conversation?

I don't think there is anything to hide, but I can also understand how healthcare providers might feel worried that if they are recorded, or videotaped, that this somehow might put them in a position for a possible litigation later on, especially if the outcome of the patient isn't what their family hoped for (and we all know that healthcare providers do the best they can, but we cannot save everyone.)

As for being videoed during routine care of a patient; I don't see what the benefit is for the family, or for the patient. I don't videotape my mechanic when I get an oil change, I trust that they are the expert: they remove the old oil, put new oil in, and my engine is happy and healthy. Granted, I don't have a great relationship with my mechanic, but videotaping their every move would be weird, and I wouldn't blame them if they declined to be videoed.

Maybe that is a bad example, but as a nurse, I form a relationship with my patient and their family members (or at least I do my best to have a trusting relationship) so I think it is even more of an offensive request to videotape me when I am performing care.

Are they wanting to do it to make sure that I am doing things properly? Will they compare and contrast how each nurse cares for them/their loved one? As we all know, there are variations in nursing care, due to personal style, but that doesn't mean that one way is wrong and another is right, the end result can be the same, even though two nurses might go about care in a different way; to an untrained eye, or someone who has no idea about current evidenced based practice or hospital policy, they might think small variations are important, that aren't.

I know some nurses double glove all the time, for no particular reason other than that if they are, for example, removing an IV, they like to take out the IV and pull in into the top glove to throw it out and remove the risk of dirtying a bed. Other people don't do that, but it doesn't mean the nurse is not removing the IV correctly. Those two scenarios look very different to a layperson.

Nurses normally explain what they are doing with a patient either before or during the process, to not only empower them with knowledge, but to make them more a part of their care; doesn't a family member videotaping this make it seem disingenuous, invasive, and distrusting? Where is the trust and the relationship formed with families/a patient when they tape my interactions?

We give patients the power to approve use of pictures of their medical cases as a part of their medical records, but we have had cases of "secret" videos by families, that we found out about afterwards, but were never asked if it was OK. Where is our power to say no when someone is secretly videotaping us? There is no form that has to be signed, as healthcare practitioners to allow families to record us, and if we allow it, do we then have to worry about possible litigation after the fact, even if they were intended just for informational purposes?

Technology is a great mobility for information and keeping people connected electronically, but there are times we need to leave technology at the door, and connect as humans.

Specializes in CCU, SICU, CVSICU, Precepting & Teaching.
My main problem with this is the likelihood of winding up on YouTube or Facebook. I do not wish to be either place, and have no accounts on either site. If you wish to take my picture, I have a problem with it, partially from my background (Amish, although not practicing, it sticks) and just from a privacy issue. I don't even like my picture taken for driver's license and name tags.

I had an abusive husband. When I left him, I changed my name (first and last) and moved 3000 miles. I would NOT be happy to be tagged on YouTube or FaceBook to have him know where I am. I'm sure there are other nurses in the same boat or enough similar that they'd be unhappy to be tagged.

I'm a PCT and I work in the mother/baby unit. I am videotaped almost daily since I am the one giving newborns their first bath in the parents rooms, and almost every baby I wash I have a parent ( usually dad) videotaping the bath. Only once or twice have I had a parent ask me if it is ok to film me. I usually try to lean away a little so the parent knows I don't want to be in the video. Do I have a choice to be in these families home videos, Nope I don't, it's required of me to do so if the parents want to video tape bath time. I love my job working with those little ones and I realize it's a moment ( videotaping) that is special to the parents.

Part of the problem with nursing today is that everyone expects nurses to give up their rights just because they are a nurse. I should have the right to not be videotaped or recorded by lord knows who for lord knows what purpose. I have no control over my voice or image after they record this and it could go anywhere and be part of any negative or nasty post. It could be altered after the fact or attract lord knows what kind of weirdo and cause problems for me in my personal life. No one has the right to do that to me just because I am a nurse. I do not give up my right to personal privacy and safety and it should never be asked of me or be considered "just part of the job". I may be a nurse but that does not negate the fact that I am a human being who should be treated with respect and dignity.

Specializes in Behavioral Health.

One of the reasons I'm leaving law enforcement and getting into Nursing. Being recorded is for the birds.

The laws regarding filming people in places of public access are pretty clear, what gives people the impression that someone can't film you as a nurse or that they need your permission first?

I agree that generally people are permitted to record events and people in public places because by definition public places do not confer an expectation of privacy. There is an important distinction between public places and hospitals that is being overlooked here: Hospitals are not automatically legally defined as public places.

Some may be, depending on who owns and administers them (VA comes to mind), but privately held hospitals are not "public". The owners/operators of those facilities have the right to determine the scope and extent of permitted recordings, if any.

Its not just a question of expectation of privacy - statutes can and do prohibit recording without consent. In PA for example, it is illegal to make an audio recording without the consent of all parties. Period. If a nurse did not consent, or was not given the opportunity to do so- that recording would be in violation of the law regardless of where it occurred in the hospital or care setting. Unfortunately, PA is probably the exception. I believe most states do not have similar laws.

Specializes in as above.

yes, the scorge of the millenium, cell phone usage. Dont leave home without it! Now I know why its called a Smart Phone, lol.

Whether or not videotaping or audio recording is not defined by location, it's defined by whether or not there is an "expectation of privacy". A hospital room is a place where there can be both an expectation of privacy and no expectation of privacy, depending on who we are talking about. One useful way of measuring that is to ask whether or not it's place where it would be appropriate to get naked. In a hospital room, that's a normal place for a patient to be naked, so they have a reasonable expectation of privacy. A nurse however does not have a reasonable expectation of privacy; would it be normal to walk into a patient's room and just take your clothes off?

For audio recording you would need permission of those involved in many cases, but again that doesn't apply to nurses. When you are speaking to a patient you obviously aren't trying to keep that information private from the patient, you're talking to them. Recording a nurse's conversation with another patient on the other hand, yes that would be illegal.

Its not just a question of expectation of privacy - statutes can and do prohibit recording without consent. In PA for example, it is illegal to make an audio recording without the consent of all parties. Period. There is no exception for recording a nurse speaking to a patient. If a nurse (or anyone) did not consent, or was not given the opportunity to do so- that recording would be in violation of the law regardless of where it occurred in the hospital or care setting. Unfortunately, PA is probably the exception when it comes to the strictness of its non-consensual recording laws.

Specializes in MICU, SICU, CICU.
Part of the problem with nursing today is that everyone expects nurses to give up their rights just because they are a nurse. I should have the right to not be videotaped or recorded by lord knows who for lord knows what purpose. I have no control over my voice or image after they record this and it could go anywhere and be part of any negative or nasty post. It could be altered after the fact or attract lord knows what kind of weirdo and cause problems for me in my personal life. No one has the right to do that to me just because I am a nurse. I do not give up my right to personal privacy and safety and it should never be asked of me or be considered "just part of the job". I may be a nurse but that does not negate the fact that I am a human being who should be treated with respect and dignity.

Well said. Not only is it disruptive, there is no medical reason for anyone to need a picture of any health care worker. If asked, I might ask "what do you intend to do with these pictures?"

I would say "yes I do mind, I mind very much."

Surreptitious recording of the staff by visitors and patients is prohibited in my institution and by state law.

Video monitoring of hallways and medication rooms is a necessary security measure.

Specializes in Orthopedics, Pediatrics.

I have often thought it would be so much easier, and negate the need for tedious charting, if I could just wear a camera and record how my day is spent. It may occasionally catch a nurse making an honest mistake, but I think it would more often exonerate nurses who are wrongly dragged into litigation. And lazy, careless or dishonest nurses? They could be weeded out in short order!

Its not just a question of expectation of privacy - statutes can and do prohibit recording without consent. In PA for example, it is illegal to make an audio recording without the consent of all parties. Period. If a nurse did not consent, or was not given the opportunity to do so- that recording would be in violation of the law regardless of where it occurred in the hospital or care setting. Unfortunately, PA is probably the exception. I believe most states do not have similar laws.

I work as a PCT in the mother/baby unit and part of my job requires that I give newborns their first bath. I am videotaped almost daily that I work. Parents want to film the first newborn bath that usually is given by staff in the patients room most of the time. I have only had one or two parents ask if it was ok to film as I washed their baby. If I see the camera directly on me, I lean a little to the side so my face isn't in view of camera so they get the hint to only film the baby getting a bath. Management is aware that PCT and nurses are videotaped during this time and I was told I do not have a choice, it's part of the job. However I do understand the importance of this to new parents, it's a special moment. But it leaves me wondering just how many Facebook wall post I am on.

AuDDoc: FYI, Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation. vid123: The key word is "audio" - doesn't apply to video if the audio is not recorded. The laws vary from state to state.....the following link is a couple years old so there may be some changes, but it will give a general idea... https://www.rcfp.org/reporters-recording-guide