Pt's FB pictures of me

Nurses HIPAA

Published

I am a nursing student, and my dad is an ON/GYN. I recently helped him deliver a baby, and his pt took pictures of us and posted them on Facebook. I would like to have these pictures, as I hope to become a CNM, and would love to have a picture of my dad and me at my first delivery. (There are pics of us with and without the baby.)

Is it a HIPAA violation if I click on the "..." and save these pictures to my phone since she made them public on Facebook (we are not FB friends. I searched for her.) I really want these pictures, but want to have them legitimately. Thanks!

EMPHASIS on important points! To signify an emphasis on the importance of certain points.
eta: Nevermind. My mouth is not disciplined. Let me exit thread now. :)
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Specializes in Med/Surg, Academics.

With all due respect to all the people participating in this thread, I think much ado is being made. As I said in a previous post, the picture of just the OP and her father that was made public on FB, to be used in a personal photo album, with no intention on the part of the OP to repost it to social media? No HIPAA violation, no patient identifiers, now public domain.

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Specializes in Emergency, Telemetry, Transplant.

This is a little off the topic, but bear with me. What do you mean when you, as a nursing student, helped him deliver a baby? Does this mean that you were on one of your clinical rotations and as part of you assignment you were in the delivery room? Does it mean that you, independent of your responsibilities of nursing school were invited into the delivery room by your father and you observed? Something else? I don't mean to be a party pooper, but if you displayed/presented a photo that states "this is me after I helped deliver a baby," I'm thinking that could pose some questions for your father and you that neither of you want to face. I just think you need to be careful about what your role was in the delivery--particularly if it was not part of your nursing school clinical duties.

As for the picture itself, I would not search it out and I would not frame it for myself. To much of a privacy quagmire, even if it is not, technically, a HIPAA violation.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
With all due respect to all the people participating in this thread, I think much ado is being made. As I said in a previous post, the picture of just the OP and her father that was made public on FB, to be used in a personal photo album, with no intention on the part of the OP to repost it to social media? No HIPAA violation, no patient identifiers, now public domain.
The picture of her and her father is probably no big deal....the OP did mention the picture with the baby.
would love to have a picture of my dad and me at my first delivery. (There are pics of us with and without the baby.)
You are right really probably no big deal, download it keep your mouth shut. No harm no foul. It probably isn't HIPAA...however it may be a violation of the schools social media policy.

Clearly somewhere in the back of the OP's mind she feels something doesn't seem right....which is why she is asking the question.

Personally, I think she should ask her Dad and not a bunch of strangers on the internet.

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This is a little off the topic but bear with me. What do you mean when you, as a nursing student, helped him deliver a baby? Does this mean that you were on one of your clinical rotations and as part of you assignment you were in the delivery room? Does it mean that you, independent of your responsibilities of nursing school were invited into the delivery room by your father and you observed? Something else? I don't mean to be a party pooper, but if you displayed/presented a photo that states "this is me after I helped deliver a baby," I'm thinking that could pose some questions for your father and you that neither of you want to face. I just think you need to be careful about what your role was in the delivery--particularly if it was not part of your nursing school clinical duties. As for the picture itself, I would not search it out and I would not frame it for myself. To much of a privacy quagmire, even if it is not, technically, a HIPAA violation.[/quote']

I think she was doing this on the side outside of school. Kind of seems like she wants the picture for a 'portfolio' type of thing.

I wonder if the family asked her who she was. Did the OP. Have. A badge on? Did the father introduce her as a student? Kind of off topic, but maybe dad let the OP participate in deliveries now because she's a student. Because why (if her dad is an OB doc) would she just now be participating in a delivery?

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Technically...Legally...the father had every right to take her picture.

To invade someones privacy there has to be an assumption of privacy. Out in public is public domain. So if you are at Walmart...anyone with a camera can take your picture. In the hospital, while at work, you are in the public domain, especially in the parking lot. The patient however, has an expectation of privacy, it (the room) becomes their private domain. They expect privacy and expect that their privacy will be protected. In consenting to have your photo to be taken with THE PATIENTS baby, in the PATIENTS ROOM, you have granted/implied consent.

Just like the movie stars getting their picture taken in stores and parking lots...while the paprazzi are intursive and obnoxious, they are legally allowed to hound them as they are in the public domain. So while your friend was displeased...the patients family was not in violation of any laws.

She was not a public figure, she was not in a parking lot, she was in the hospital and at work. She had a legitimate right to object to having her picture taken without her permission.

The OP found the picture on facebook, the same as anyone else could and as previous posters have said that picture is now public domain.

Public domain means public domain.

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I think the OP could use the picture in social media if she blurs the baby's face out. I'm not 100% sure

The picture just can't be traced back to the original owner.

Although I do think I remember on facebook the rules saying you have to ask the owners permission to use their photos.

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Specializes in Emergency, Telemetry, Transplant.
Did the OP. Have. A badge on? Did the father introduce her as a student? Kind of off topic, but maybe dad let the OP participate in deliveries now because she's a student. Because why (if her dad is an OB doc) would she just now be participating in a delivery?

This is, IMHO, where things could get a bit hairy. Was she wearing her school identification even if she was not there for school? Did she actually participate in the delivery or just observe? If things didn't go well, it could open up a really bad can of worms (as opposed to the pleasant kind ;)).

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.......,,,,,,

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Specializes in Emergency, Telemetry, Transplant.
She was not a public figure, she was not in a parking lot, she was in the hospital and at work. She had a legitimate right to object to having her picture taken without her permission.

My hospital has a policy which very clearly does not allow patients to take pictures of staff, the hospital interior, equipment, etc. It also states that security is to be called if said pictures are taken and they are then deleted in the presence of security.

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1. Again, I have no intentions of posting to social media.

2. My #1 (and honestly only) idea about trying to legitimately contact this person: have my dad ask her about it at her 6 wk follow up. He said he would do that for me.

3. Why do I want this picture? Well, it's my first (of hopefully many) "deliveries." I don't see it as any creepier than wanting to have a picture of my child with his teacher on the first day of preschool.

4. I was a nursing student, there with school. This was the patient assigned to me by school. My father, my preceptor, and I were in there. I'm not sure what is being implied as far as my "helping" goes.

I'm sorry to have caused such a heated discussion. The world of Facebook and publishing private pictures is relatively new in the medical world. I was obviously unsure of this situation, and thought I would ask for some insight. I guess I learned my lesson.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
She was not a public figure, she was not in a parking lot, she was in the hospital and at work. She had a legitimate right to object to having her picture taken without her permission.

The OP found the picture on facebook, the same as anyone else could and as previous posters have said that picture is now public domain.

Public domain means public domain.

I brought up movie stars because the poster sated that she does extra in movies. We are photoed and video tapped ALL the time in public. Privacy is a misnomer. Of course that friend of the other poster had a right to state do not take my picture but as far as it being a LEGAL "right" to refuse sure she did...just as the patients husband had the right to not comply in the parking lot. Is it legal to take photos of people without asking? | PhotoRights.org

I am not a lawyer. This is my understanding of the law.

As far as the policy of her program....they can do whatever they like. I know of someone dismissed from a program for the same sitation.....3 weeks from the end of her last semester.

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