Q&A: Photographing patients

Q. Is it a HIPAA concern if a patient and/or visitor takes photos or videos in which other patients, intentionally or not, appear? Are we required to forbid or prevent patients and visitors from taking photos or filming? If so, where is this requirement specified?

A. Since the HIPAA Privacy Rule considers a full-face photograph to be individually identifiable information (§164.514), this could be considered a violation of patient privacy. Many healthcare organizations restrict the use of photography (still or video) by patients or visitors to protect the privacy of others.

Editor's note: This question was answered by Mary D. Brandt, MBA, RHIA, CHE, CHPS. Brandt is a healthcare consultant specializing in healthcare regulatory compliance and operations improvement. She is also an advisory board member for BOH. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Opinions expressed are those of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to Editor Nicole Votta at nvotta@hcpro.com.