Patients, pictures, and privacy: managing clinical photographs in the smartphone era

Abstract

It is easy to capture and share clinical photographs and x-ray images using modern smartphones. This technology affords health-care providers the ability to rapidly collaborate and facilitate care for their patients. This improvement, however, has increased concerns regarding patient privacy and the safeguarding of protected health information. Health-care providers should understand the deidentification process for patient photographs because this process fundamentally changes the expectations and requirements for how providers are to handle this information. Properly deidentified patient photographs (and other data) are no longer considered identifiable protected health information and are not subject to the handling requirements mandated by the Health Insurance Portability and Accountability Act. This article addresses patient privacy concerns attendant to the acquisition, transmission, and sharing of clinical photographs among health-care providers. It provides guidelines for providers seeking to minimize the risk of noncompliance with privacy requirements as they adopt these new technologies into their practices. Keywords: Photograph, Smartphone, Privacy, Health Insurance Portability and Accountability Act, Deidentification