PATIENT posting pictures on Facebook

[nkochrn]

We had an ED patient over the weekend that posted pictures on facebook from his visit. 2 of the ED nurses were in the picture and had no idea that they'd even been photographed. They were very upset to find out that it ended up on fb. One of them does not have a fb account.

There wasn't really anything they could've done to stop it from happening, our risk manager is looking into this right now. I'm not sure exactly how the nurses saw the pictures because it was the risk managers understanding that the patient was from out of town and the nurses did not know him, so would not have been his friend on fb. I thought she could just report the photo but not sure, I will have to talk to the nurse that found it to find out the exact details since the risk manager doesn't have a good understanding of how facebook works.

I've seen a few times that one of the OB nurses will end up on facebook and that's never surprised me, patients and families are always taking tons of pictures in that area. It's never seemed to be an issue before.

Does anyone have any policies regarding this?

[MunoRN, RN]

Thing that gets me about this is while I'm at work, I'm live and in person. I have not been photo-shopped; my head has not been transplanted onto a naked body. Ever seen some of the creative images placed online?

I still say that if a magazine cannot use my photo without my consent, Facebook sure shouldn't be allowed to either.

A magazine can use your photo without your permission, that's why the paparazzi exists.

[CaringGerinurse525]

Newspapers can use your photo without your permission as well. I once was in a flash flood while driving and had to climb out of my car. Someone snapped a picture of me climbing out the window and it made front page news. All without my consent.

[RevYY]

Like it ro not you are being taped, recorded, photographed, wherever you are, and all of it is being made available online. All that is left is to assume your every action is being watched, and act accordingly.

[RevYY]

Thing that gets me about this is while I'm at work, I'm live and in person. I have not been photo-shopped; my head has not been transplanted onto a naked body. Ever seen some of the creative images placed online?I still say that if a magazine cannot use my photo without my consent, Facebook sure shouldn't be allowed to either.

Good luck fighting the rising tide. It's already too far inland to even think about trying to turn it bacck.

[RNsRWe, ASN, RN]

Fatalistic thoughts, all. Guess I'll continue to be "camera shy" and avoid the obvious assault of digital images being taken.

[RNsRWe, ASN, RN]

A magazine can use your photo without your permission, that's why the paparazzi exists.

I thought that was for those who are celebrities and therefore have no expectation of privacy while out in public. Public figures are by definition also "public".

Well, guess those of us who have to also be in public will do our best to continue to avoid those with cellphones on trigger mode.

[NurseDirtyBird]

I worked in a facility that had a policy expecting you to be ok with being photographed. Every employee had to sign a waiver on employment stating they may be videotaped or photographed, and possibly posted on the company website. But that was the facility itself, not the patients.

Where I live at least, you have no reasonable expectation of privacy in public. You can be photographed and videotaped and can't do anything about it. I don't work in a hospital so I don't know, but aren't many under video surveillance? Not in patient care areas, obviously, but hallways, med rooms and such?

[slc1984]

I've taken pictures at restaurants with staff in the background, at fairs with carnies in the background, at the beach with other people in the background... Unless it was specifically a picture of them for some reason, e.g., making fun of them, I don't get why any legal entities would get involved to have it removed. I don't think I would be overjoyed to find out I was in a picture on someones facebook account however. I just don't think there is much you could do about it.

[blondesareeasy]

Interesting.

I went to a a "Code Gray," (violent person) overhead page and was the first male staff member there. And was the ONLY staff member there for over five minutes. There was absolutely nothing I could do to calm down the situation of people screaming, yelling, accusing nursing staff of this/that/etcetera, and it was obvious that all of the perpetrators knew that I was outnumbered.

For my personal protection, I took out my phone camera and started video taping the incident.

Immediately the situation came to a halt. One of the perps started saying, "He's not allowed to tape us, it's a HIPPA violation!" and screamed it out loud. No one did anything but they all remained quite civil as there was now evidence being collected.

The outcome?

I was persecuted by the house supervisor because of the statement by the visitor about HIPPA crap. I told them that my personal safety was in doubt and I was alone...you can do whatever you want with that, but I stand by my evidence collecting method.

Nothing became of it. I was right. But the kicker? I turned on the phones flashlight by mistake and NOT the video camera. There was NO recording going on and there was NO evidence collected.

Our geriatric security came hobbling along after I had calmed down the situation. They were part of my cross-examination team that felt that I WAS THE WRONG-DOER.

Screw hospitals. Screw management. Do what you feel is right and keep your personal safety paramount.

[blondesareeasy]

AND...don't go to Code Grays. Never. Hell with them.

[blackandyellow]

I was photographed one time with a patient who posted it on facebook along with other staff members. This was a pt who had been in the ICU for two months we didn't think he would make it multiple times. We got to know his family very well and they got to know us. He came back a year later walking, talking, to be honest I didn't recognize him. We all got caught up in a surprise very happy moment and allowed one of his families to take pictures of us. Sure enough it was on facebook. It's a small world and someone who knew him who knew one of our nurses told her about it. I wasn't upset about it because I agreeded to it in a sense. Today where we have smartphones with numerous apps like snapchat and other sites we are often not aware our photos are being taken. I personally would not like my photo to be posted however like other posters have pointed out it could happen at the supermarket or in the car without our knowledge.

[RNfaster]

Isn't it remarkable how many privacy laws are in place to protect patients but ZIP to protect staff?

If someone wants to use your photo in a magazine or newspaper, they must get your permission. But online postings? Well, slap as many candids on there as they can and you can't do a thing about it, legally?

Actually, it's not true that a magazine or news outlet must have permission to print a picture of identifiable people in public places. --An advertiser, yes, but not if it's used in the context of journalism. --If a publisher is not the author of the image, they must have permission from the author of the image to publish (often involves payment) if the image is not in the public domain.

Legally Using Images | copyrightlaws.com

Commons:Photographs of identifiable people - Wikimedia Commons