Photographic Images, Digital Imaging, Dermatology, and the Law

Informed Consent, Use, and Storage of Digital Photography Among Mohs Surgeons in the United States

“…Interestingly, according to The Health Information Portability and Accountability Act (HIPAA), "full-face photographic images and any comparable images" are considered protected health information, and to use or disclose such images, consent must be obtained. 1 Although 38% use black bars to cover a patient's eyes in an effort to conceal identity in a photograph used for presentation, most felt that this did not truly conceal a patient's identity (63%).…”

“…8 The Health Information Portability and Accountability Act deems "full facial photographic images" as protected health information, but also broadly includes any images that reveal the identity of the patient. 1,8 However, regardless of HIPAA specifications about identifiability, some have argued that any photograph taken in the absence of informed consent may be a violation of a patient's basic right to privacy by the practitioner. 7 A review of ethical issues related to photography in dermatology has also suggested that more stringent consent be considered for photography involving sensitive areas such as the genitalia or female breast.…”

A Review of m-Health in Medical Imaging

“…43 Some important principles that clinicians need to take into consideration include consent, 44 privacy, 45 and secure storage 46 as summarized in the following:…”

Teledermatology: Its role in dermatosurgery

“…[40] It has its special significance as digital images are used to capture, store, measure, transfer and deliver follow up care. The image measurement is important for periodic follow-up care and medico-legal expert opinion.…”