what are our rights re: being filmed/recorded at work?

Nurses General Nursing

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The other day I encountered a patient with an aggressive family - I got the feeling that they perhaps are scammers looking for some kind of payout, based on the way they were acting. At one point the patient's son took out his phone and started filming the medication tech while the daughter-in-law grilled me with questions that really should have been directed to the MD (which I repeatedly stated, and offered to tell the MD that the family is requesting to talk with him). We were both uncomfortable being filmed in the patient's room, but unsure whether we had the legal right to refuse being recorded, and/or to decline giving treatments until they stopped filming us. Does anyone know of any resources that explain the legality of patients/families recording in a hospital setting? Does it vary by state? Do you have experience with patients and/or their families wanting to film or record you at work?

If someone started filming me I think I would be sorely tempted to take out my phone and record them recording me, hopefully covering most of my face in the process. Otherwise I would leave the room until security or management dealt with it. I have no desire to be on youtube.

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Specializes in NICU/Mother-Baby/Peds/Mgmt.
1 hour ago, tiddles said:

If someone started filming me I think I would be sorely tempted to take out my phone and record them recording me, hopefully covering most of my face in the process. Otherwise I would leave the room until security or management dealt with it. I have no desire to be on youtube.

Exactly. Nowadays you don't know what people will do with video of you.

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Specializes in Pediatrics, Pediatric Float, PICU, NICU.

It depends on what state you live in and what your facility policy is.

Thankfully, my current hospital makes it very clear with posters all over the place including inside rooms that it is NOT okay to film staff at all and that staff have the right to ask for filming to be stopped.

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On 11/8/2019 at 5:19 AM, hherrn said:

I recently had a similar situation with an irate PT in the ER recording on his phone. This was happening in the hall, which raised the possibility of privacy violations. But, nothing illegal about it. There was a general impression amongst staff that this could be a HIPPA violation,. It isn't. PTs are not bound by HIPPA.

I used my general diffuse and remove approach, and conducted myself with the expectation that I would be on Youtube.

While we all balk at the idea of being recorded, there have been some pretty severe cases of PT abuse caught and stopped because of video.

What if other patients and/or visitors are in the hallway? Do they have a right to not be filmed?

Just curious in general - do the filmers say why they are filming? Afraid they or their loved ones won't get good care? Other reason? I think a nurse should be able to film them, too, because you fear for your safety and, just like police officers, you want a record of what really happened.

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Yes, you can put up signs.

Yes, you can ask them to leave.

Yes, other patients, (and probably visitors) have a right not to be recorded.

But, when some schmuck pulls a phone out and starts recording, there is not much you can do to stop him.

He wants a confrontation to record. Whether perceives himself as victim or victor is irrelevant- it's his shot at fame when it goes viral. You think security wants to be the next internet star? And, don't forget- You don't do the editing, he does.

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I’ve been in a similar situation, unfortunately. We told this patient’s family member they can not be recording in the hospital, as it violates HIPAA, etc. We had to get security and they asked this person to delete the video. It’s outrageous how some people act over wanting a payout, makes our job more frustrating than it has to be.

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18 minutes ago, AlwaysLearning247 said:

I’ve been in a similar situation, unfortunately. We told this patient’s family member they can not be recording in the hospital, as it violates HIPAA, etc. We had to get security and they asked this person to delete the video. It’s outrageous how some people act over wanting a payout, makes our job more frustrating than it has to be.

A family member is not bound by HIPAA, so they aren't violating it when they film their loved one. Facility policy is one thing, but this isn't a HIPAA thing if it's the family who is recording their patient.

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On 11/9/2019 at 1:15 PM, Kooky Korky said:

What if other patients and/or visitors are in the hallway? Do they have a right to not be filmed?

Just curious in general - do the filmers say why they are filming? Afraid they or their loved ones won't get good care? Other reason? I think a nurse should be able to film them, too, because you fear for your safety and, just like police officers, you want a record of what really happened.

I wish I had film or at least photos of what happened to me at the hands of patient families/clients of my employer. You should see the expressions on the faces of health care providers as I describe the causes of symptomatic PTSD. Think of a rape victim who is marginalized and made to feel as if they will never be believed. Reminds me of the grade school teacher who taught us the saying, "Your rights end where my nose begins". Too bad that is not applied in real life.

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Specializes in Cardiac Cath Lab, Cardiac Surgery, Post Op/PACU..

We have a no filming policy. I can only be filmed with my consent which I do not give. If your filming your trying to trip me up. I wont let that happen.

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Specializes in ER, Psych, Chemical Dependency.

Ask the patient or family if they have some dissatisfaction, and tell them you will be glad to bring the supervisor in to help, and leave the room to do it.

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I have actually been thinking about this alot lately. In 2 recent incidents at 2 separate hospitals. 1 was a belligerent, aggressive pt demanding immediate treatment, the pts hospital chart identified the pt with the Alert warning " history of assaulting hospital staff" I was wishing for cameras for my own protection. Another was a patient being assaulted in the ER by police officers. I wish for my own protection & safety that Someone was watching out for me. I think saying no to filming d/t patient HIPAA is sort of a cop out to not provide healthcare workers with a safe environment.

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On 11/10/2019 at 11:06 AM, Horseshoe said:

A family member is not bound by HIPAA, so they aren't violating it when they film their loved one. Facility policy is one thing, but this isn't a HIPAA thing if it's the family who is recording their patient.

There are other patients in the hospital (not private rooms). And this person was recording everything.

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