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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34763
Experience:  16 yrs. of trial experience
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In the state of California, is it a HIPAA violation if a clinic

Customer Question

In the state of California, is it a HIPAA violation if a clinic has security cameras in hallways, waiting room, etc without signs warning patients that the cameras are there?
Submitted: 2 years ago.
Category: Legal
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
What you're describing; having security cameras in a public place, is not in violation of the HIPAA. This federal law deals with medical records, it has no impact on the ability to record audio or images.
Now, California law does have a very strict recording statute. Specifically, the law provides that when performing an audio recording all of the parties being recorded most consent. So if these cameras also record audio? That would be a violation of California law
However, if the cameras record video only? No audio? Then they are permitted under California law.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.