HIPPA, PRIVACY AND PUBLIC FILMING
We frequently encounter individuals who deliberately provoke others by filming without consent and citing laws they don’t fully understand. This behavior not only undermines respectful interaction but also encourages others to imitate it, often leading to unnecessary conflict. Such actions are disruptive, irresponsible, and occur far too often.
It happens all the time—some jerk shoving cameras in people’s faces, pretending to “quote the law” when they clearly don’t know what they’re talking about. All they do is bait others into copying the same reckless nonsense, which just gets more people in trouble. It’s childish, it’s toxic, and it’s way too common.
We’ve all seen it—someone trying to stir up drama by sticking a camera in people’s faces and throwing around fake “legal talk.” Others intentionally staging events to evoke and create false rage narratives. Honestly, it’s just childish, and it happens way more than it should. So, I am addressing he HIPPA, Privacy and Public Filming debate head on.
🚫 Clearing Up the Confusion and the Nonsense
There’s a lot of misinformation floating around: some people misapply HIPAA, while others invoke “public freedom” arguments to justify filming in hospital lobbies or other semi-public areas. Let’s set the record straight.
📖 What HIPAA Actually Covers
HIPAA applies to covered entities (healthcare providers, health plans, and healthcare clearinghouses) and their business associates (vendors or contractors handling protected health information on their behalf).
Private citizens who are not acting as covered entities or business associates are generally not subject to HIPAA. For example, if a neighbor overhears your medical information, HIPAA does not apply to them.
HIPAA governs the use, storage, and disclosure of protected health information (PHI).
PHI is individually identifiable health information related to medical care, diagnosis, treatment, billing, or health status, created or maintained by a covered entity or business associate.
PHI must include both a personal identifier (e.g., name, address, Social Security number, medical record number) and health-related information.
🎥 Filming in Hospitals
Filming or photography in hospital areas where patients may be identified (lobbies, waiting rooms, treatment areas) can expose PHI.
Hospitals often prohibit filming in these spaces to prevent unauthorized disclosure and protect patient privacy.
Important Clarification: HIPAA does not outright ban filming. It prohibits the unauthorized recording or disclosure of PHI.
If filming reveals a patient’s identity plus health-related information, that is a HIPAA violation by hospital staff or contractors, not by a private citizen.
However, private citizens may still face consequences under state privacy laws or hospital policies.
📜 Laws and Regulations That Apply
HIPAA
Applies to hospitals, clinics, providers, and their staff.
Unauthorized disclosure of PHI (e.g., filming a patient being admitted) is a violation.
State Privacy & Consent Laws
Some states require two-party consent for audio recording (e.g., California).
Civil torts such as intrusion upon seclusion or public disclosure of private facts can apply if patients are recorded without consent.
Even if HIPAA doesn’t apply to private citizens, state laws can make unauthorized filming unlawful.
Hospital Facility Policies
Most hospitals enforce no-filming rules in lobbies, waiting rooms, and treatment areas.
Violations can result in removal, legal action, or trespass charges if someone refuses to stop recording.
First Amendment Limits
Filming in public spaces is generally protected, but hospitals are private facilities open to the public.
They can set restrictions, and courts typically prioritize patient privacy over the right to record.
⚠️ Risks and Consequences
Civil liability: Patients filmed without consent may sue for invasion of privacy.
Criminal liability: Unauthorized audio/video recording can be prosecuted in states with strict consent laws.
Hospital enforcement: Security may remove violators, confiscate recordings, or involve law enforcement.
🧾 Example
If someone films in a hospital lobby and captures a patient’s face while they are checking in, that video could reveal identity + health status.
For hospital staff, this is a HIPAA violation.
For a private citizen, it may not be HIPAA, but it could still be illegal under state privacy law and against hospital policy.
✅ Bottom Line
Filming in hospital “public” areas is generally not allowed because patients can be identified and their medical information exposed.
HIPAA governs hospital staff and contractors.
State privacy laws and hospital rules restrict private citizens.
Patient privacy almost always outweighs “public freedom” arguments in healthcare settings.
Continuing to film after being instructed to stop may, depending on local laws, constitute harassment or menacing and result in additional charges, especially when asked or instructed to leave.
Harassment laws: Legally, harassment is often defined as a course of conduct intended to alarm, annoy, or distress someone. If filming continues after a clear request to stop, it can be considered part of such conduct.
Menacing laws: In some states, menacing involves behavior that intentionally places another person in fear of injury or harm. Persistent filming in a sensitive setting (like a hospital) could be interpreted this way if it makes someone feel threatened.
Consent and privacy laws: Many states have two-party consent laws for audio recording. Continuing to record after refusal can violate these statutes, leading to criminal charges.
Civil liability: Even if not criminal, victims may sue under torts like intrusion upon seclusion or public disclosure of private facts.
⚠️ Risks and Consequences
Criminal charges: Depending on state law, continuing to film after being told to stop can escalate into harassment, stalking, or menacing charges.
Civil lawsuits: Individuals filmed without consent may pursue damages for invasion of privacy.
Institutional enforcement: In hospitals or private facilities, ignoring instructions to stop filming can also lead to removal, trespass charges, or confiscation of recordings.
📜State-by-State breakdown
1. Strict Consent States (e.g., California, Florida, Pennsylvania, Massachusetts)
Two‑party consent required for audio recording.
Continuing to film with sound after refusal can lead to criminal charges under wiretap or eavesdropping laws.
Harassment statutes often apply if the filming is persistent and unwanted.
2. One‑party Consent States (majority of states, e.g., Texas, New York, Illinois)
Only one party needs to consent to audio recording.
Filming itself is not automatically illegal, but ignoring a request to stop can be treated as harassment, stalking, or trespass depending on the setting.
Hospitals and private facilities can enforce no‑filming policies and escalate violations to law enforcement.
3. States with Broad Harassment/Menacing Statutes (e.g., Oregon, Washington, Colorado, Ohio)
Laws define harassment as a course of conduct intended to alarm, annoy, or intimidate.
Continuing to film after being told to stop can qualify, especially in sensitive environments like hospitals.
Menacing charges may apply if the filming causes someone to fear injury or harm.
4. States Emphasizing Privacy Rights (e.g., Hawaii, New Jersey, Connecticut)
Strong civil protections for intrusion upon seclusion and public disclosure of private facts.
Victims can sue for damages even if criminal charges aren’t filed.
Hospitals and clinics often enforce stricter filming bans under these laws.
5. States with Strong Trespass Enforcement (e.g., Nevada, Arizona, Michigan)
Private facilities can treat continued filming as trespass once a person is instructed to stop.
Law enforcement may remove violators and issue citations.
Civil liability for invasion of privacy is also common.
⚠️ Key Takeaway
Across the U.S., continuing to film after being told to stop can escalate into:
Harassment (persistent unwanted conduct)
Menacing (causing fear of harm)
Trespass (ignoring facility rules)
Civil liability (privacy lawsuits)
The exact charge depends on the state, but patient privacy and safety almost always outweigh “public freedom” arguments in hospitals and similar settings. So, know your local laws and don't try and play attorney, especially when you are not one and if asked or told, to stop filming, then just do so and don't be an asshole. If its for a "documentary" get permits and approvals, not just one or the other.
