HIPAA violation?

[Nursey444]

I’m needing advice on this issue. The only reason I am asking is that I’m not sure if this is a HIPAA violation. A co worker of mine has videos and pictures of this patient on her personal cell phone. I know this because she showed me. The patient is not identified, however, she is showing it to people who have nothing to do with the case. I don’t know if this makes me culpable as well. I didn’t say anything to her and kinda quickly went on to another topic when she showed me because I was shocked and a bit taken back by this action. 
here is my question, do I report her? 

[PDRN]

Yes. Completely inappropriate, context not needed. Think of it as if it were you, or your family member...would you mind? I'm guessing yes. Pics on a work phone a different thing, but her personal phone, not cool.

[Enarra, BSN, RN]

uh yes it is a HIPPA violation a major one.  She better delete that video fast and hope she didn't post it online nowhere because once it spreads theres no taking it back.   I just finished studying the topic on HIPPA and ethics.  If this leaks out she can get fired and even have her license in danger of being pulled, along with fines, and other criminal charges.

You? that's an ethical decision that is up to you to make ... report her there will be serious reprecusssions for her but if you don't she'll continue doing it. etc and etc.  I don't know what to tell you to do.   Maybe the community has some advice but ultimately its your decision

[Beausoleil]

Have you reported her, yet? 

[RnSleepy]

While this is inappropriate, there’s more context needed. Is it a video of them while under care or jut a public video (like something on Youtube). One is a violation while the other isn’t. 

[nancynurse12, BSN, RN]

Definitely a Hippa violation and you are required to report it.  She can take all of you down as colluding with her. Don’t you have to sign an oath or have training regarding this?

[MunoRN, RN]

While it very likely may a violation of the organization's privacy policies, HIPAA is not a catch-all term for the ethical and policy requirements related to privacy that employers and other entities might require.  In order to be a HIPAA violation the pictures or videos would need to include some sort of patient identifier, ie something that someone viewing the picture or video could use to identify the patient.  

[Orca, ADN, ASN, RN]

The sources that I have read all say that it is a violation of HIPAA. For example,

An emergency room employee who snaps a photo and posts it to social media to show how busy it is would represent a HIPAA violation, as people in the photo may be recognizable. 

The same thing applies here.

[MunoRN, RN]

55 minutes ago, Orca said:

The sources that I have read all say that it is a violation of HIPAA. For example,

An emergency room employee who snaps a photo and posts it to social media to show how busy it is would represent a HIPAA violation, as people in the photo may be recognizable. 

The same thing applies here.

Photos with faces are identifiable, although in OP's description the patient "is not identified".  Presuming that means there is nothing in the photo that reveals the patient's identity.

[Nursey444]

Hello all, 

I wanted to thank everyone for their advice. I did indeed report this incident a few days after the initial post back in '22. Let me just say that this was definitely NOT an easy decision or situation as I am not in the habit nor do I want to be known or accused of being a "snitch" or a "tattletale".  I agonized over this decision because I knew what the ramifications would be for those involved, including myself.  
The patient involved was indeed identifiable in this video. I will not say anymore. 
The nurse was let go as well as two more nurses, whom I did not know were involved and ……… I was absolutely shocked, disappointed and crushed over this. It took me many months to come to grips with what I had done to two of my fellow nurses, and one was my friend. Luckily the two other nurses involved were able to get other jobs pretty quickly after the event. The main nurse that had had the picture on her phone has struggled to find jobs and keep them. That was the main reason that I reported her for this in the first place because there were many other incidents over the course of a couple of years that had happened with her to make her professional conduct questionable. 
The moral of the story is that you never ever take pictures or videos of patients with your personal phone. It doesn't matter why you're taking the video, she claimed that she took the video to show a doctor. It doesn't matter if YOU think they are unidentifiable. An individual can be always be recognized regardless of their age or situation.