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Man Charged With HIPAA Violations For Video Taping Police
Bob the Super Hamste writes "The St. Paul Pioneer Press is reporting that Andrew Henderson was recording Ramsey County sheriff's deputies frisking a bloody-faced man, who was then loaded into an ambulance by paramedics. Then sheriff's deputy Jacqueline Muellner approached Henderson and confiscated his video camera, stating, 'We'll just take this for evidence,' which was recorded on Henderson's cell phone. On October 30th, Henderson went to the Arden Hills sheriff's office to retrieve his video camera, where he was told where he would have to wait to receive his camera back. A week later, Henderson was charged with obstruction of legal process and disorderly conduct, with the citation stating, 'While handling a medical/check the welfare (call), (Henderson) was filming it. Data privacy HIPAA violation. Refused to identify self. Had to stop dealing with sit(uation) to deal w/Henderson.' In mid November, Henderson went back to the sheriff's office to attempt to retrieve his camera and get a copy of the report when Deputy Dan Eggers refused. ... Jennifer Granick, a specialist on privacy issues at Stanford University Law School, states that the alleged violation of HIPAA rules by Andrew Henderson is nonsense, stating, 'There's nothing in HIPAA that prevents someone who's not subject to HIPAA from taking photographs on the public streets, HIPAA has absolutely nothing to say about that.'"
The article notes that the Deputy in question basically told the guy he was arrested for being a "buttinski" and recording someone in the midst of a violent mental health breakdown. Supposedly the footage was deleted from the camera while in police custody.
Stop voting for the prosecutors who lack integrity. I blame voters who don't pay any attention to the candidates for whom they vote. They vote for whichever name sounds the best.
"Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
Supposedly the evidence was deleted from the camera while in police custody.
Fixed that for ya.
Well, at least he can no longer be charged without any evidence, right? Or are they trying to charge him with HIPAA violation without a video that he allegedly recorded?
Seriously, when did it become acceptable that evidence can just disappear in police custody? I know it is not the same as 11 (or was it 17?) police cruiser cameras malfunctioning simultaneously but still.
Allowing the police to avoid being observed and recorded has consequences that affect society as a whole. That's really bad.
Allowing the police to enforce the privacy of someone they're arresting only really affects those few who are arrested. Arrest being an offical duty by a public official, should not really carry any sort of reasonable expectation of privacy. And whatever is captured on video actually happened, so there are no legitimate concerns of libel or slander. On the whole, this is not that bad.
I think it's clear where the balance lies. I would rather have a 100% chance of any future interaction between myself and law enforcement to be recorded and distributed on the internet than risk the slightest chance of police getting away with brutality. Allowing video might reveal some crazy shit I actually did. Prohibiting video might conceal some crazy shit the police actually did.
Of course, in some jurisdictions a police officer can be caught on tape sodomizing a prisoner with a tazer and suffer nothing but "additional training". So YMMV.
Give me Classic Slashdot or give me death!
It's noted that the person being arrested was having a mental health breakdown. Photographing people having that and then posting it online is usually classified as "cyber bullying".
We need legislation that not only enshrines the right to record any and all public officials, but adds severe consequences to any violation of law by law enforcement personnel.
FTFY.
I, for one, am sick and tired of seeing corrupt cops literally getting away with murder (and every crime between). Time to bring the Blue Wall of Silence crashing down.
An enigma, wrapped in a riddle, shrouded in bacon and cheese
It's my impression that Police culture, much like Military culture, heavily frowns on ratting out another member of your group, even if you know they did something wrong... especially if they do something wrong.
Perhaps having a collective group whose mission is to take out bad guys, and seeing bad guys constantly, creates a very stong "us" and "them" driven ethos.
Their job can be dangerous
Which explains why I'm not allowed to film loggers, pilots, miners, roofers, fishermen, pizza drivers, or any of several other professions that carry an even higher risk of on-the-job fatalities.
No, police officers are just better at whining about how dangerous their job is.
Well after being severely beaten and nearly killed by an angry cop and nearly getting several years in prison for made up charges I am moving to somewhere very remote, with very loose gun laws (so that I can protect myself against cops), and where coming into contact with the police at all is much less likely. For me, it's either that or leaving the country. America has some of the most violent, dangerous, corrupt, and angry cops in the world. And they are both well armed and well protected with body armor. How I long for a place where cops are just normal people doing a job. Somewhere where the majority of cops are not sociopaths with no feelings of remorse and no conscience. Was there ever a time when cops in America actually had a sense of right and wrong like they often have in the movies and on TV? American cops don't even respect the very laws they are supposed to enforce. At least when it applies to themselves.
Quite an experience to live in fear, isn't it? That's what it is to be a slave.