QUESTION

Seeking guidance as to my rights as an employee against parents of patients taking my picture (& their child) w/o my consent, posting on social media

Asked on Feb 27th, 2019 on Labor and Employment - New York
More details to this question:
I work in a children's hospital emergency dept. Parent takes picture of the child, I am in the pic completely identifiable, w/o my consent, then post on social media. There is signage advising parents not to take pics w/o consent. I am vehemently against my pic being taken, I avoid family pics. While a parent can take a pic of their child, I am not ok with anyone taking my pic or including me in a pic, in addition to posting it wherever he/she pleases. Do I have any rights, what can be done about this, can one be asked to remove the post? This happens frequently. It's just not right.
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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Parents should be reminded that once a hospital photo is on line it violates their child's HIPAA rights. A potential employer might discriminate against that child down the road. Remind them that privacy is important for both you and the child. No one should be able to identify where you work unless you consent. Ask the parent if they would consent to having their picture taken with "psychiatric wing" printed above the child's head? Or of the actual intimate procedure being performed on the kid? Pictures are for outings. Going to the hospital does not qualify. Education is key. Unfortunately social media is out of control and many have no idea of the potential harm it creates. HR could make it a policy. But enforcing it would require in hospital security removing the parents. Kind of tough to forbid cell phones in hospitals or have security run around and tell parents no photos like they do at the Met. Not the Mets. If you used the former example their response might be "where is that"?
Answered on Feb 28th, 2019 at 5:42 AM

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