Medico Legal Corner
eMediNexus Coverage from:
Publishing photograph of the patient in social media without consent is punishable
eMediNexus, 10 May 2022
Complainant: The doctor shared my photo in his group on WhatsApp without asking me.
Doctor: It’s a local closed group of doctors. Clinical photography is a learning tool.
Judge: It is a social platform and patient information is a protected health information.
Lesson: Patients have the right to confidentiality and privacy.
Any information meets the definition of Protected Health information if, even without the patient’s name, you can tell who the person by looking at certain information. Protected Health information is any information if it contains the following information about the patient, the patient’s household members, or the patient’s employers: Names, Photographs, Dates relating to a patient (birth dates, dates of medical treatment, admission and discharge dates, and dates of death), Telephone numbers, addresses (including city, county, or zip code) fax numbers and other contact information, Social Security numbers, Medical records numbers, Finger and voice prints and any other unique identifying number.
MCI Ethics Regulation 7.17 is also very clear about this and states as follows: “A registered medical practitioner shall not publish photographs or case reports of his/her patients without the permission, in any medical or other journal in a manner by which their identity could be made out. If the identity is not to be disclosed, the consent is not needed.”