Thursday, January 27, 2011

Photo Posted Not Privacy Protected - See Judge's Opinion

According to the quote noted on the Technology and Marketing Law Blog, a Kansas City Judge said:

"[P]hotos are taken to be viewed. When [nursing student supervisor] Delphia granted permission to take the photos, it was unreasonable to assume that they would not be viewed...By giving the students permission to take the photos, which Delphia admitted, it was reasonable to anticipate that the photos would be shown to others..."

This particular case centers around nursing students who took pictures of a patient's placenta and then posted a picture on Facebook of the human placenta.  The nursing students were expelled from nursing school.  The students went to court and won a ruling to go back to nursing school.

The Judge saw all the facts of the case so I do not want to question his ruling.  I do want to put people on alert that if this ruling becomes precedent, you may have problems with bringing forward complaints or lawsuits on ANY future photos of you or loved ones, that are posted without your permission,

Sending racy photos of yourself to your spouse?  If it gets into the wrong hands and this Judge's ruling is applied, I guess you should remember that it is "..reasonable to anticipate that the photos would be shown to others..."

Snap and store photos and videos with great care.

"Judge Says It’s Reasonable For Any Photo Taken To Go Viral. A Dangerous Precedent?", Kashmir Hill, The Not So Private Parts, January 27, 2011.

"Nursing School Can't Expel Students for Posting Photo to Facebook--Byrnes v. Johnson County CC", Eric Goldman, Technology & Marketing Law Blog, January 26, 2011.

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