Google for more info on this topic. If a facility, each will have. Their own rules. A person has to state that they do not allow photos in their house; but there are people who will rudely continue to take photos. Some people will persist and then post to social media.
I asked because I don't think that HIPAA protects from certain things. No imagination to ask a legit question.
I work with the community justice board and this kind of issue is rampant in our world. And it is completely illegal to possess even for a 12 year old.
Who knows? I never questioned any of it. The daughter was extremely smart. She was very shy.
Once she warmed up to me, she was very sweet. I liked her parents. They cared about their daughter. They always came to the school’s open house. Anything involving her education they were interested in, otherwise not so much. It was ‘all business’ with them.
They were not very social with the other parents. They didn’t volunteer. They were private people. They didn’t chaperone any field trips.
The principal of the school knew the parents. It was an expensive private school. I did what I was told by the parents and the principal. I never tested anything that I was told. I didn’t want to be facing a lawsuit.
There were two teachers at the school that were taken to court in the school. One for ‘gossiping’ about parents personal information, upcoming divorcees, the husband having an affair, etc This teacher was not sensitive regarding privacy of families.
The other for telling about a student’s personal info. Equally as bad.
These teachers got a strong warning! If it happened again they would be fired.
The parents didn’t sue the school. They went after the teachers! The fine was a lot of money considering we didn’t make much money as a teacher!
It’s so interesting. I had several of the Saints football coaches’ kids over the years. They all drive really expensive cars, live in very nice homes. The kids will tell teachers family ‘secrets’ sometimes. No one has a perfect family. I kept my mouth shut!
There are laws concerning photos. There are considerations that should always be honored and respected. Nowadays people do not hesitate to take others to court for their actions.
Photos are a touchy subject. Some people look at it as proof of an incident. Today there are so many photoshopped pictures that I am not sure that they are taken as seriously anymore. A picture may be worth a thousand words but that photo is invading someone else’s privacy.
Many years ago when I taught school I occasionally took pictures of my students that were shown in our local newspaper.
I had to have permission from parents to do this. Parents don’t usually care if photos are displayed in a classroom or on bulletin boards in the hallways.
I had a student that had parents (mom and dad) who were FBI agents.
The mother told me that she did not want her child’s picture to ever be in the newspaper.
She didn’t mind her photo displayed in the classroom but she didn’t want her daughter’s last name on any photos. I never put any last names on bulletin boards.
She and her husband dealt with hard core criminals. They were protecting their children from those who seek revenge. I fully respected her wishes. She told me that not to tell other parents their profession. I was told if asked to say that they were corporate lawyers.
One thing that I just remembered. The contract for my dads AL actually said that they have permission to take pictures and use them. I crossed this off, I don't think that anyone should gain unlimited usage of your likeness without you knowing how it will be used.
I would read your agency contract, it may give them permission.
If you took a pic of child porn then you would be in posession of child porn. Not something I would do. You would call your boss or authorities.
Agencies unless you are a scheduler or nurse do not provide aides with cameras or cell phones. An aide cannot put images on their personal phone or camera without consent.
No, the caregiver cannot take a picture without consent, it is a violation of HIPPA. The caregiver would report issues to her nurse supervisor. The supervisor would make a home visit or report to APS. No company would allow an aide to take pictures due to liability.
If a stranger took photos inside my home without permission, they may lose their camera. Then I would get in trouble for taking their cell phone or camera.
Ask what the motivation is, start a dialogue. It must have been pretty serious if the mandated reporter didn't mind losing their job. A photo is not proof of anything, imo. For example----a bedsore. Patients can get these even with the best of care. Maybe what was needed is a photo (taken with permission), to determine how serious the bedsore was, asking their supervisor how to treat or call in a doctor.
If it is a photo of illegal drugs, there is no proof whose drugs they are, or even if the drugs were in your home. Were the photos of something belonging to the care person?
Duffy, what exactly are you worried about? Or have you already left town? OR, was the item in the photo belonging to the patient?
Well, on T.V. shows, like NCIS, even the authorities need a warrant to collect evidence. I am going to just guess, and say that even though the pictures might be of something illegal, it would not be admissible in a court of law, imo.
If the care person sees something illegal happening, why wouldn't he/she call authorities right then and let them do their jobs?
1) Do not do anything illegal. 2) Sue the person for invasion of privacy.
Boy, guess work for me as well, SendHelp. But what I was guessing is that the OP is someone who hired someone to help, and that someone took photos and reported to someone ELSE. I can't imagine what. Hoarding? Bedsores? Filthy conditions? I can't imagine. As the OP doesn't tell us, and so many today don 't even return to threads once posted, that makes this one a bit like a lot of "discussion" topics. Interesting, though. But after reading responses below it says "if it is against the law what the picture is". So maybe it is about drugs? Who knows.
MM, I am with you,, we need more info. My first thought was also drug related.. like don;t let your weed and pipe out! LOL (Don;t diss me, this post is unclear!) if it shows unsafe conditions she may HAVE to report it, thus the pictures. If she is trying to blackmail you, then you have another whole problem. If it;s just that pictures are not allowed, notify her agency.
Duffy, this is hard to understand. Is the picture of something that is illegal, like drugs? Or are you asking if taking any picture is illegal? How is the home care person trying to use it against you? Do they come from an agency that you can complain to? More information would help.
Actually where it’s legal or not is going to depend on the law in OPs state because there are parts of a house that are considered common areas and if you have permission to be inside the house, then the expectation of privacy isn't exactly there. You can pretty much take pictures anywhere you are allowed to be however in a private home, even though it may legal, it doesn’t mean it’s right. So if you are the one having pictures taken in the home, you are certainly allowed to asked the person to step & make them leave.
Really this is such a fine line. It seems to be all in the interpretation. There are contradictions to what I posted. One says you have a right to say no if on your property and the person has to abide by that. Seems like it all has to do with "Expectation of privacy". I would think that goes with someone taking pictures of the inside of your home. You have the right to say no. It also mentions in an article that even though restaurants are considered public they also are privately own and as such can post "No picture taking, no videos". So maybe you can do that. Best thing check with a lawyer, legal aid, and see what your state says. I really can't imagine that you don't have rights in your own home.
Researching further on this shows that Haileybug may be correct. The laws give us the right of expectation of privacy within our homes. This is dicey and iffy and often mandated reporters are "exempted" from the law in much the same way good Samaritins are protected. I think if you are intending to take pictures of real abuse you may be exempted, but the best thing to do would be to submit the pictures anonymously. Or to report abuse and have it investigated. It is an interesting subject and seems to transverse both federal (esp in the case of child abuse) and elder abuse. I would check with a Lawyer in your area. The likelihood of winning the case against someone giving care in your own home who has filmed REAL abuse would be, I would think, small, but stranger things have happened. I have been playing on the internet with this for a while and can still find nothing written that doesn't get cloudy the longer you read.
I agree with JoAnn. I would think that a caregiver is a mandated reporter and could furnish agencies with pictures to document abuses they believe to exist, that is to say to the police, to APS and etc. What those agencies do with said pictures would be according to laws existing. More information might help us.
Can a Caregiver take pictures? I think they are considered "mandated reporters". So if they see something that needs to be reported maybe so. How do u know the person is taking pictures? Have u asked them not to?
This is what I found
"In the US there is no law against a guest taking pictures in your house. It can be considered rude if they are told ahead of time not to do it."
I don't agree with this. Your home your rules. This person may be casing the place to come back and rob you.😊Seriously though, I don't see how anyone would legalize this. Its private property.
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I work with the community justice board and this kind of issue is rampant in our world. And it is completely illegal to possess even for a 12 year old.
Here's mine. Those FBI parents may have actually bee in in the witness protection program.😀
Who knows? I never questioned any of it. The daughter was extremely smart. She was very shy.
Once she warmed up to me, she was very sweet. I liked her parents. They cared about their daughter. They always came to the school’s open house. Anything involving her education they were interested in, otherwise not so much. It was ‘all business’ with them.
They were not very social with the other parents. They didn’t volunteer. They were private people. They didn’t chaperone any field trips.
The principal of the school knew the parents. It was an expensive private school. I did what I was told by the parents and the principal. I never tested anything that I was told. I didn’t want to be facing a lawsuit.
There were two teachers at the school that were taken to court in the school. One for ‘gossiping’ about parents personal information, upcoming divorcees, the husband having an affair, etc This teacher was not sensitive regarding privacy of families.
The other for telling about a student’s personal info. Equally as bad.
These teachers got a strong warning! If it happened again they would be fired.
The parents didn’t sue the school. They went after the teachers! The fine was a lot of money considering we didn’t make much money as a teacher!
It’s so interesting. I had several of the Saints football coaches’ kids over the years. They all drive really expensive cars, live in very nice homes. The kids will tell teachers family ‘secrets’ sometimes. No one has a perfect family. I kept my mouth shut!
Photos are a touchy subject. Some people look at it as proof of an incident. Today there are so many photoshopped pictures that I am not sure that they are taken as seriously anymore. A picture may be worth a thousand words but that photo is invading someone else’s privacy.
Many years ago when I taught school I occasionally took pictures of my students that were shown in our local newspaper.
I had to have permission from parents to do this. Parents don’t usually care if photos are displayed in a classroom or on bulletin boards in the hallways.
I had a student that had parents (mom and dad) who were FBI agents.
The mother told me that she did not want her child’s picture to ever be in the newspaper.
She didn’t mind her photo displayed in the classroom but she didn’t want her daughter’s last name on any photos. I never put any last names on bulletin boards.
She and her husband dealt with hard core criminals. They were protecting their children from those who seek revenge. I fully respected her wishes. She told me that not to tell other parents their profession. I was told if asked to say that they were corporate lawyers.
People have a right to their privacy.
I would read your agency contract, it may give them permission.
What if they caught this person with child pornography? Would that be against HIPAA to photo for evidence?
Agencies unless you are a scheduler or nurse do not provide aides with cameras or cell phones. An aide cannot put images on their personal phone or camera without consent.
No, the caregiver cannot take a picture without consent, it is a violation of HIPPA. The caregiver would report issues to her nurse supervisor. The supervisor would make a home visit or report to APS. No company would allow an aide to take pictures due to liability.
Ask what the motivation is, start a dialogue. It must have been pretty serious if the mandated reporter didn't mind losing their job. A photo is not proof of anything, imo. For example----a bedsore. Patients can get these even with the best of care. Maybe what was needed is a photo (taken with permission), to determine how serious the bedsore was, asking their supervisor how to treat or call in a doctor.
If it is a photo of illegal drugs, there is no proof whose drugs they are, or even if the drugs were in your home. Were the photos of something belonging to the care person?
Duffy, what exactly are you worried about? Or have you already left town?
OR, was the item in the photo belonging to the patient?
Alva, I think you are right.
I am going to just guess, and say that even though the pictures might be of something illegal, it would not be admissible in a court of law, imo.
If the care person sees something illegal happening, why wouldn't he/she call authorities right then and let them do their jobs?
1) Do not do anything illegal.
2) Sue the person for invasion of privacy.
I would check with a Lawyer in your area. The likelihood of winning the case against someone giving care in your own home who has filmed REAL abuse would be, I would think, small, but stranger things have happened.
I have been playing on the internet with this for a while and can still find nothing written that doesn't get cloudy the longer you read.
More information might help us.
Can a Caregiver take pictures? I think they are considered "mandated reporters". So if they see something that needs to be reported maybe so. How do u know the person is taking pictures? Have u asked them not to?
This is what I found
"In the US there is no law against a guest taking pictures in your house. It can be considered rude if they are told ahead of time not to do it."
I don't agree with this. Your home your rules. This person may be casing the place to come back and rob you.😊Seriously though, I don't see how anyone would legalize this. Its private property.
Need more info.