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Man videotaped sheriff's deputies, got charged for it under HIPAA

twincities.com

11–20 of 27 posts

Re: Man videotaped sheriff's deputies, got charged for it under HIPAA

#12
post #6
post #4

I love the comment down the page blaming Obamacare for HIPAA. The police obviously acted out of line here, but it's pretty difficult to come up with a general principle of how to deal with public recordings. Of police and other officers of the state? Totally should be allowed. What if they're interacting with some member of the public, though? That person may well desire not to have their face associated with a confr…

They shouldn't be out in public. The courts have routinely ruled that there is no expectation of privacy in public. This is why CCTV recordings are allowed.

[deleted]

Re: Man videotaped sheriff's deputies, got charged for it under HIPAA

#13
post #10

I'm confused what "does not qualify for a public defender" could possibly mean.

Normally public defenders are for those who want representation but cannot afford a top dollar lawyer. The state pays public defenders and the defendant pay the court a fee based on their income.

It is your right to have an attorney/representation.

Re: Man videotaped sheriff's deputies, got charged for it under HIPAA

#14
post #10

I'm confused what "does not qualify for a public defender" could possibly mean.

It means he makes too much income each year to qualify for a public defender. Most jurisdictions have an income cut-off for determining who gets the services of public defenders.

Re: Man videotaped sheriff's deputies, got charged for it under HIPAA

#15
post #6
post #4

I love the comment down the page blaming Obamacare for HIPAA. The police obviously acted out of line here, but it's pretty difficult to come up with a general principle of how to deal with public recordings. Of police and other officers of the state? Totally should be allowed. What if they're interacting with some member of the public, though? That person may well desire not to have their face associated with a confr…

They shouldn't be out in public. The courts have routinely ruled that there is no expectation of privacy in public. This is why CCTV recordings are allowed.

You know, I'm all for that - up until we invent Youtube and it turns up in search results for the person's name more or less forever.

Re: Man videotaped sheriff's deputies, got charged for it under HIPAA

#16
post #13
post #10

I'm confused what "does not qualify for a public defender" could possibly mean.

Normally public defenders are for those who want representation but cannot afford a top dollar lawyer. The state pays public defenders and the defendant pay the court a fee based on their income. It is your right to have an attorney/representation.

No, public defenders are for those who cannot afford representation, period (though some jurisdictions do distinguish between misdemeanors and felonies for this purpose, as felony defense is significantly more expensive). Defendants never pay for the services of a public defender.

Also, the right to representation is limited to criminal [edit] proceedings [/edit].

Re: Man videotaped sheriff's deputies, got charged for it under HIPAA

#17
Police have no reasonable expectation of privacy when interacting with the public. And isn't it the police themselves that claim "if you are doing nothing wrong..."? So monitoring private citizens' private communication is ok, videotaping a public interaction is not.

Re: Man videotaped sheriff's deputies, got charged for it under HIPAA

#18
post #13
post #10

I'm confused what "does not qualify for a public defender" could possibly mean.

Normally public defenders are for those who want representation but cannot afford a top dollar lawyer. The state pays public defenders and the defendant pay the court a fee based on their income. It is your right to have an attorney/representation.

"If you cannot afford an attorney, one will be appointed for you"...

Re: Man videotaped sheriff's deputies, got charged for it under HIPAA

#19
post #15
post #6

Earlier quoted context omitted.

They shouldn't be out in public. The courts have routinely ruled that there is no expectation of privacy in public. This is why CCTV recordings are allowed.

You know, I'm all for that - up until we invent Youtube and it turns up in search results for the person's name more or less forever.

[deleted]

Re: Man videotaped sheriff's deputies, got charged for it under HIPAA

#20
This is obviously ridiculous. HIPAA Privacy rules are so narrowly applicable that HHS publishes diagrams showing how not encumbered you are by these rules:

http://www.cms.gov/Regulations-and-Guidance/HIPAA-Administra...

This really isn't news. Most jurisdictions actively don't want citizens recording cops. They come up with all sorts of looney ways to suppress recordings. The courts toss them. Under Holder's DoJ, the administration has been publishing memos to state AG's urging them to stop moving forward with these prosecutions.

But now I ask: what does this story have to do with HN? Nothing. It has nothing to do with HN. It's a story for a political site. And so I flagged it, and you should too.

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