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

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

#21
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.

I'm not speaking about the courts: I'm talking about what we want as a society.

Do we want to allow skeevy men to follow around 12 year olds in malls with a video camera? Do we want celebrities to have virtually no expectation of privacy when they go to the grocery store? Do we want anti-abortion protestors recording people walking in public spaces, posting their pictures online, and linking them to their names? Do we want anti-Walmart organizers to be able to take pictures of people leaving Walmart and harassing them in a guilt-shaming campaign?

It's obviously a Tough Issue. But I see no reason I should be expected to give up all my expectations of privacy. Just because it's physically possible to take pictures doesn't mean you should be able to take pictures, just like being able to do SQLI on a public facing website doesn't entitle you to do SQLI on a public facing website.

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

#22
Yeesh. This is my home state. The Minnesota Supreme Court, given a chance to rule on this case, would slap those deputies hard for those ridiculous and illegal arguments. (I have warrant for saying this, as I was a judicial clerk for that court a bit more than two decades ago.) It's embarrassing that the deputies over in that other county don't understand Minnesota or federal law.

The article notes, "Henderson works as a welder and does not qualify for a public defender. He is representing himself in court." It would not surprise me to find that he obtains some pro bono representation from a Minnesota lawyer for a case like this.

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

#23
post #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…

This really isn't news. Most jurisdictions actively don't want citizens recording cops.

This is a good point. The cops use 1st amendment loophole to film people with CC tv, though. It seems a bit ironic the "thug out" to intimidate people from filming , which is generally legal on the same grounds. But I agree that this is a practice seems widespread. Almosts like legal intimidation a "best practice" taught in law enforcement circles.

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

#25
post #21
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.

I'm not speaking about the courts: I'm talking about what we want as a society. Do we want to allow skeevy men to follow around 12 year olds in malls with a video camera? Do we want celebrities to have virtually no expectation of privacy when they go to the grocery store? Do we want anti-abortion protestors recording people walking in public spaces, posting their pictures online, and linking them to their names? Do w…

The law already clearly addresses the issue of when invading privacy is allowed. See the concepts of public figure (http://en.wikipedia.org/wiki/Public_figure) and reasonable expectation of privacy (http://en.wikipedia.org/wiki/Invasion_of_privacy).

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

#26
post #21
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.

I'm not speaking about the courts: I'm talking about what we want as a society. Do we want to allow skeevy men to follow around 12 year olds in malls with a video camera? Do we want celebrities to have virtually no expectation of privacy when they go to the grocery store? Do we want anti-abortion protestors recording people walking in public spaces, posting their pictures online, and linking them to their names? Do w…

[deleted]

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

#27
post #21
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.

I'm not speaking about the courts: I'm talking about what we want as a society. Do we want to allow skeevy men to follow around 12 year olds in malls with a video camera? Do we want celebrities to have virtually no expectation of privacy when they go to the grocery store? Do we want anti-abortion protestors recording people walking in public spaces, posting their pictures online, and linking them to their names? Do w…

[deleted]
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