The Blue Lens
Region: US
Thursday 11 December 2025 17:48:40 GMT
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pmichael :
Yes, First Amendment auditors generally have the right to film in public areas of DMVs, but this right is limited; they cannot film where people have a reasonable expectation of privacy (like private offices or during confidential processes, such as a person's actual test), and agencies can set reasonable time, place, and manner rules
2025-12-11 20:13:29
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pmichael :
No, First Amendment Auditors/Journalists don't have a right to violate HIPAA, but HIPAA primarily restricts healthcare providers, not the media; however, facilities can restrict filming in non-public areas to protect patient privacy, and journalists can face state law issues if they obtain info illegally, as facilities can bar filming to prevent HIPAA violations by staff or patients revealing info, making the Auditor's right to film conditional on respecting privacy and facility rules. Key Distinctions HIPAA applies to "Covered Entities": Hospitals, doctors, insurers, etc., not independent journalists or auditors. Journalists aren't bound by HIPAA: They can report on health info if they get it legally, but they can't solicit illegal disclosures from staff. Facilities can set rules: Medical facilities are non-public forums where they can impose reasonable restrictions (like banning filming) to protect patient privacy and prevent HIPAA breaches by staff. The Conflict Auditors/Journalists' Goal: To film, test access, and document, often in public-facing areas like waiting rooms. Facility's Goal: To prevent staff from violating HIPAA (e.g., accidentally showing a patient's diagnosis/presence) and to maintain patient care/privacy. The Reality No Blanket Right: An auditor/journalist can't just film anyone/anything in a hospital and claim a First Amendment right to ignore privacy. Reasonable Restrictions: A health department can prohibit filming in areas where patients' sensitive information (like diagnosis in a specific clinic) might be seen, as long as it's not viewpoint discrimination. State Laws: Some state laws (like California's CMIA) might place additional restrictions on journalists, creating legal risks. Legal Risks: While not a HIPAA violation for the journalist, encouraging a healthcare worker to break HIPAA can lead to legal issues for the journalist under other laws. In short: While HIPAA doesn't directly bind them, these individuals must navigate the legal landscape, respecting facility policies that aim to protect patient privacy, or risk being removed or facing other legal repercussions.
2025-12-11 20:11:27
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