Q&A: Preventing accidental disclosures

Q: Many media organizations are filming outside the premises or sometimes even in the hospital. When they interview hospital leaders and health officials, this can be done with things happening in the background. How can hospitals prevent accidental disclosures—a patient’s face showing up in the background during an interview, for example? What should the rules be for media looking to film at the facility?

A: To prevent incidental disclosures (such as a patient seen in the background), facilities should limit areas inside the facility in which the media is allowed to film. If the media is allowed to film in an active area, such as the emergency department, patient privacy may be protected by:

• Limiting access to the interview/filming area, so patients or family members can’t wander into the camera frame
• Obtaining a written agreement from the media organization to edit out or blur any patients seen in the background
• Obtaining written consent from any patients or family members who may be seen in the filmed footage

Editor's note: Mary D. Brandt, MBA, RHIA, CHE, CHPS 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 Kevin Duffy at kduffy@hcpro.com.