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+ - Man charged with HIPPA violations for video taping police->

Submitted by
Bob the Super Hamste
Bob the Super Hamste writes "The St. Paul Pioneer Press is reporting that Andrew Henderson was recording Ramsey County sheriff's deputies frisk a bloodied faced man who was then loaded into an ambulance by paramedics. Then the sheriff's deputy Jacqueline Muellner approached Andrew Henderson and confiscated his video camera stating "We'll just take this for evidence" which was recorded on Andrew Henderson cell phone. On October 30th Andrew Henderson went to 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 Andrew 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 Andrew 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. Deputy Dan Eggers pulled Andrew Henderson and have the following discussion which was also recorded by Andrew Henderson.
Deputy Dan Eggers: "I think that what (the deputies) felt was you were interfering with someone's privacy that was having a medical mental health breakdown," "They felt like you were being a 'buttinski' by getting that camera in there and partially recording what was going on in a situation that you were not directly involved in."
Deputy Dan Eggers stated that Henderson should "have a little respect" for people's privacy to which Andrew Henderson stated that he had done nothing illegal
Deputy Dan Eggers noted that the incident report stated nothing was recorded on the camera.
Deputy Dan Eggers: "I mean, were you just pointing it?"
Andrew Henderson: "No. It was deleted,"
Deputy Dan Eggers: "You deleted it?"
Andrew Henderson: "No. She must have deleted it," referring to Jacqueline Muellner.
Not possible, Deputy Dan Eggers replied. "There would have been some documentation about that."

Randy Gustafson Ramsey County sheriff's office spokesman states "It is not our policy to take video cameras. It is everybody's right to (record) ... What happens out in public happens out in public. One exception might be when a law enforcement officer decides that the recording is needed for evidence, he said. In that case, the officer would generally send the file to investigators and return the camera on the spot."

Jane Kirtley professor of media ethics and media law at the University of Minnesota states that "Law enforcement has no expectation of privacy when they are carrying out public duties in a public place." She also notes that the seizure and alleged erasure of recorded evidence "raises significant Fourth Amendment issues for him ... The seizure here was not to preserve the evidence — it was to destroy the evidence."

Jennifer Granick, a specialist on privacy issues at Stanford University Law School, states that the alleged violation of HIPPA 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.""

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Man charged with HIPPA violations for video taping police

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