Photographic Images, Digital Imaging, Dermatology, and the Law

Abstract

BACKGROUND: Patient photographic images play an important role in dermatological record keeping and training. An assessment of the legal implications of image taking is necessary to use images properly. OBSERVATIONS: Images are parts of the medical record and must be treated with the same care as written medical records. Because multiple digital images are sometimes taken and digital images can be easily manipulated, they present novel issues in this regard. Images can be used as evidence in court. Issues regarding digital images include (1). authentication, (2). manipulation, (3). audit trail verification, and (4). data compression. The Health Information Portability and Accountability Act requires that health care providers control and track those who have access to identifiable digital medical information. This should facilitate the use of digital images as evidence because the provenance of digital images can be established. The Health Information Portability and Accountability Act covers the use and disclosure of protected health information, such as "full-face photographic images and any comparable images." To publish identifiable digital images (images of the face), it seems prudent for patients to waive in writing their rights to this protected health information. Conclusion Images will continue to enhance dermatological care, and understanding and accounting for the legal underpinnings of their use is prudent.

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