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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 26 Apr 2009 (Sunday) 16:20
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Was what I did against the law?

 
CanonXtiDude
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Apr 26, 2009 16:20 |  #1

I was filming a car accident where a pedestrian was hit by a car. The fire department showed up and told me to turn of my camera and that it was against the law. Here it is on video. Anyone know if they have the right to make me turn off my camera?

http://vimeo.com/43438​16 (external link)




  
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aparis99
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Apr 26, 2009 16:22 |  #2

im pretty sure unless you're on private property, you can flim/photo all you want


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Karl ­ Johnston
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Apr 26, 2009 16:23 |  #3
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Why wouldn't you go over and help? It's against the law to be present at the scene of an accident and not help.


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TMCCaptured
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Apr 26, 2009 16:25 |  #4

I cant see the video. On tour a few years ago thru upstate NY and a similar thing happened to our bus.

We were told a similar story, but when questioned a senior officer stated that charges were pendeing and we cannot film. Really polite and all but surprising.

In NZ it dosnt really happen,


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FOX2PRO
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Apr 26, 2009 16:26 as a reply to  @ Karl Johnston's post |  #5

It's not against the law to not help. At least in my state it isn't. Not sure about others.

EDIT: It also looks like other people were there already, and the paramedics arrived. You know the saying "Too many chefs makes the food taste bad"


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CanonXtiDude
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Apr 26, 2009 16:26 |  #6

Karl Johnston wrote in post #7807965 (external link)
Why wouldn't you go over and help? It's against the law to be present at the scene of an accident and not help.

The person had all the help he needed. The video should be up now. I have forwarded it to the city attorney I would like the know the answer to this question.




  
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SkipD
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Apr 26, 2009 16:28 |  #7

CanonXtiDude wrote in post #7807955 (external link)
Anyone know if they have the right to make me turn off my camera?

You'll have to check with someone fluent in the laws in and around your location (I assume it's Houston based on the responding agency). The response to your question included something about a privacy act or something like that.


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CanonXtiDude
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Apr 26, 2009 16:32 |  #8

I did some research and the HFD employee is talking about HIPAA law. Here is the link to what the government states about it. I'm about to read through it if someone can find it before me where what I did was against the law post it please.

http://www.hhs.gov …anding/summary/​index.html (external link)




  
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DDCSD
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Apr 26, 2009 16:40 |  #9

Karl Johnston wrote in post #7807965 (external link)
Why wouldn't you go over and help? It's against the law to be present at the scene of an accident and not help.

Maybe he didn't have the capacity to help. You can be sued in many US states for trying to help someone and further injuring them. Not many states have laws requiring you to assist soemone, especially when there are others already providing assistance. If everyone was required to stop and help, you'd have a hundred people bumping into each other to try and help someone. That or the police would be wasting their time arresting everyone that drives by without stopping to help.

OP- Health care personnel have a fear of HIPAA privacy laws. In many cases they are told that if they see someone in public that they have treated, they aren't even supposed to say hi to them (for fear of being sued for disclosing that a person had been under thier care). With as strict as HIPAA privacy laws are, and as fearful as hospitals are of being sued or fined, healthcare workers err on the side of privacy every time.

With that said, you are not bound by HIPAA laws as a private citizen. You cannot be prevented from photographing or filming in a public area. That is assuming you are not breaking any other laws while doing so though. Also, if you are in some way interfering with emergency services, that is a different story.

What the EMT should have done is asked you to turn of the camera out of respect for the people involved in the accident. He was wrong in telling you that what you were doing was against the law.


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S.Horton
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Apr 26, 2009 16:51 as a reply to  @ CanonXtiDude's post |  #10

At the accident or crime scene, anyone with Police powers can, and will, make you stop doing anything that they think may make the scene more hazardous for anyone, you included.

e.g. the Fireman just needs to think that you, while distracted with your home video camera, could walk into the path of a truck.

Good luck with your attorney.


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DDCSD
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Apr 26, 2009 16:58 |  #11

S.Horton wrote in post #7808074 (external link)
At the accident or crime scene, anyone with Police powers can, and will, make you stop doing anything that they think may make the scene more hazardous for anyone, you included.

e.g. the Fireman just needs to think that you, while distracted with your home video camera, could walk into the path of a truck.

Good luck with your attorney.

Sam,

He didn't send it to his attorney, he sent it to the city attorney. The OP isn't looking to sue, he just genuinely wants to know if what he was doing was illegal.


The EMT clearly stated that the OP needed to stop recording because he was violating HIPAA privacy laws. He didn't tell him to stop for safety purposes. The EMT was wrong.


Oh, and how about that draft!? :)


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dustyporch
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Apr 26, 2009 16:59 |  #12

It's not against the law if its on public land. Police and emergency crews don't want to be taped because it opens them up to liability if the tape shows them doing something wrong...

There are no privacy rights when you are out in public... that's what public means.


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CanonXtiDude
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Apr 26, 2009 17:05 |  #13

S.Horton wrote in post #7808074 (external link)
At the accident or crime scene, anyone with Police powers can, and will, make you stop doing anything that they think may make the scene more hazardous for anyone, you included.

e.g. the Fireman just needs to think that you, while distracted with your home video camera, could walk into the path of a truck.

Good luck with your attorney.

Did you view the video or are you just talking out of line.




  
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CAL ­ Imagery
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Apr 26, 2009 18:07 |  #14

dustyporch wrote in post #7808109 (external link)
It's not against the law if its on public land. Police and emergency crews don't want to be taped because it opens them up to liability if the tape shows them doing something wrong...

There are no privacy rights when you are out in public... that's what public means.

This one.


Christian

  
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BillMarks
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Apr 26, 2009 18:43 |  #15

CanonXtiDude wrote in post #7807955 (external link)
I was filming a car accident where a pedestrian was hit by a car. The fire department showed up and told me to turn of my camera and that it was against the law. Here it is on video. Anyone know if they have the right to make me turn off my camera?

http://vimeo.com/43438​16 (external link)

I think he was just being nice in telling you to give the people at the scene some privacy... Yes you are allowed--that doesn't mean you should...




  
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Was what I did against the law?
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