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I assume you are referring to a violation of HIPAA. If so, I would suggest that no, this action would not be a violation of this federal legislation. For HIPAA to apply, the disclosed information must constitute a medical record or some other form of health care data that relates to the evaluation or treatment of the individual. Here, we are talking about a photograph, something that would not typically constitute a medical record or data relating to evaluation or treatment.
Please let me know if anything requires clarification.
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