Copyright. Other devices.

[geoffsta]

I was with some friends at work the other day. And the subject of copyright came up... Blah Blah Blah. (I had my camera, I was about to do team photos)
But then it got interesting. As Rick would know, the health industry is extremely annul in relation to confidentiality. The subject came up about uses of mobile phones, iPads, Tablets and other devices that staff and clients have.

The marketing manager, and risk manager then put to me whether our current consent form cuts the mustard. And when a new employee starts, should they have a clause in the employment contract that covers all sorts of media?

As we all know the signs that say "Turn your mobile phone off" never works. As I have seen at reception people using them. And I myself carry two at work as part of my job.

Now an example would be; (And may never happen) A famous person comes to visit one of our doctors. A person in the waiting room takes an image of that person, and places it on facebook, with were it was taken, and then states that the famous person was terminally ill, or pregnant.

Now, as a company are we liable for not providing enough security/confidentiality to protect our clients. Or is the image taker (Owner of copyright) liable for taking the image in the first place.

I know a community health centre is a public place in theory, or is it.???

Thanks for any advice. Knowing that what may be said isn't legally binding. But a little of your thoughts may point us in the right direction.

[ricktas]

Medical records are confidential, but that a person visits a particular place is not. After all the media (paparazzi) can photograph anyone visiting a clinic or hospital from the street, as they enter of leave. The confidentiality of information is borne by those who work there, another client has not signed any documentation regarding confidentiality and thus are not borne to adhere to it.

Generally speaking, someone famous would likely not be sitting in the waiting room with other patients. They would most likely have pre-arranged to come in via an alternate entrance and be kept away from other patients, as they are all to aware of how the gossip mags would love the story, and do everything they could to ensure the story did not get out.

However as private property, you have the right to stop people taking photographs on your premises, including in the waiting room, so it would be up to you how you dealt with people who did not comply. There are numerous legal issues at play here, and copyright would be a minor one in the scheme of things.

[ameerat42]

Francisly (or colloquially, Frankly), if I were ever unfortunate enough to see such a thing on a Facebook page I don't think I'd fall head over heels into believing it to be true.

I'd then seek medical advice (or psychiatric help) for having used Facebook at all.
m.

[Miyuki]

I'm a nurse, and I deal with use of mobile phone (as a camera) and freedom of information on day to day basis. Although I tend to ignore patients taking photos of themselves or cool machines/rooms in the hospital, I do stop them from taking photos of other patients and visitors, and so as other healthcare workers. It is not because of job contract, but rather code of ethics and legal responsibilities of each professional group. Hospital standards should also state that.

Anyway, here's my opinion

[Mark L]

While I google some legal advise for you ........
If the Vic. Dept of Health (are they responsible for community health centres) or maybe whoever owns the building doesn't have a defined policy on this, then maybe it's time for you're local community health centre to ask them to write one.

[MrQ]

Sounds like your management should talk to their legal advisors if they're really concerned.

I'm not sure there's much more you can do though. Even if you do somehow prevent people taking photographs in your offices, you can't stop them taking them outside (of patients going in/out, etc.).

[Redgum]

It's not a "copyright" issue, rather an issue of privacy. In this instance copyright won't help or hinder anyone.