 | San Diego Fire Department gets mad about video |
 August 27, 2008This video was shot on October 19, 2007 at the ToorCon computer security conference in San Diego, California. My friend, Israel Torres got a wee bit drunk and ended up falling down an escalator at the San Diego Convention Center. He went over backwards and now has claw marks on his skull (they're pretty cool). So an ambulance got called because he was bleeding all over everything. I just happened upon the scene as they were loading him into it. The ambulance was dispatched by the San Diego Fire-Rescue Department but the lettering on the side says "San Diego Medical Service Enterprise"
Later on, Israel posted the video to his youtube page and all his friends had a good laugh. That's when this story starts. On July 22, 2008 This message was sent to Israel from the youtube account somecameraguy: Your video at the following link: http://youtube.com/watch?v=WI1VObpwxyQ violates patient privacy under HIPPA regulations. I can't believe this is on the website. I happened to just do a search for ambulances in San Diego and came across this video. I am a paramedic for SDFD and was on that response and my face, along with my partner's is on the video. Our voices as well. We specifically told you guys over and over again that you could not take pictures. The guy in the red shirt was told multiple times to not take still photos of the back of our ambulance and when he became confrontational with us he was told he couldn't come near the rig. Thank you for your understanding in this matter. So Israel took the video down. He didn't want a fight, and he hadn't even shot the video, so he didn't have legal grounds. I, however, do. I shot the video, and I like my civil rights. So I immediately put it back up, this time on my account. I used a description that was entirely accurate, and was sure to catch his attention. "Israel got drunk and fell head first down the escalator. He ended up with staples and claw marks on his skull, but was otherwise fine. SDFD paramedics came and rescued him, thanks!" and tags "san diego SDFD paramedics rescue toorcon israelt israel torres " Then on August 26, 2008 I received this message from the paramedic:
Hi there.....I sent a letter to someone else on YouTube, who's username was 152431702235 a while back, that the video he had, which is the same as your video at http://www.youtube.com/watch?v=WI1VObpwxyQ needs to be removed. I'm requesting this because that is me, my partner and my ambulance, and it is actually a federal HIPPA violation to have that information on YouTube. The following is the copy of the email I sent to the other user. I'm asking you to please remove the video. If you don't, I will file a TOS violation report with YouTube and make sure it is removed through the proper channels. Thank you for your concern.
HIPAA (Wikipedia) or the Health Insurance Portability and Accountability Act is a 1996 federal law that did a lot of things, but its relevance here is about the privacy of electronic medical records. "These rules apply to "covered entities" as defined by HIPAA and the HHS. Covered entities include health plans, health care clearinghouses, such as billing services and community health information systems, and health care providers that transmit health care data in a way that is regulated by HIPAA." (wikipedia) It then goes on to criminalize sharing patient data, etc. Nowhere does HIPAA apply to the common citizen. However, if the paramedics had taken video and then released the video as I did, THAT could be illegal. My Reply:
Hello, why do you think HIPAA applies to a private third party videoing from a public place?
I'm the copyright holder of this video, if you file a false DMCA notice I will certainly file a counter-notice. I'm a big proponent of freedom of speech. His Reply:
My friend, you cannot video tape inside an ambulance if we, the crew, tell you not to. It's against the law. If you want to argue with me about that, go for it. I'll be filing a claim, then I'll be contacting the appropriate persons at San Diego Medical Services and the San Diego Fire Department, as both prohibit video taping of our crews and apparatus without permission, especially when it's been placed on a public domain.
As an individual, I don't want my face or voice on YouTube, and you're violating my personal privacy rights. Therefore, it's not a false DMCA. There is no "copyright" to my likeness or voice. You guys were rude, and obnoxious that night and wouldn't follow directions of medical and peace officers, and I can see that nothing has changed since then. I've asked you nicely, you've refused so we'll go to the next step. My Reply:
Excellent, could I please have your real name and who you report to? I believe you're far overstepping your bounds here and I would like to take it up with your superiors.
I'd also like to see the actual law that you're claiming, because I'm pretty sure it doesn't exist. Your department rules don't apply to people not in the department. His Reply:
First off, no, you won't be getting me to tell you my name. I'm not stupid. Second, bottom line is that I have requested you to remove the video that has my PERSONAL likeness and voice on it, which I feel invades my PERSONAL privacy. You've declined, so per youtube's policies I've made a privacy report via http://www.google.com/support/youtube/bin/answer.py?answer=78346&topic=13662
Second, I report to the Chief of the San Diego Fire Department, the name and contact information of which can easily be obtained by visiting the San Diego Fire Department's homepage at http://www.sandiego.gov/fireandems I'm not going to get into any more of a pissing contest with you. It's a simple request because I don't want my face and voice in your youtube videos. How hard is that to respect? I promise you that the department does not look fondly upon unauthorized video taping inside it's units. In fact, even with authorized taping (currently Ocean Force is filming at the beaches, and in the past Beach Patrol: San Diego), there are a ton of hurdles that the department makes those producers jump through to legally use images of the equipment and personnel including tracking down said personnel months later to sign waivers. If refused, the Department makes sure those production companies blur the images of the crews and any identifying information about their unit. Further communication from you will go unanswered unless it is related directly to you removing the video as I requested. The youtube privacy guidelines he linked to say "Please be aware that when you're in public spaces these days, it's highly likely that you will be caught on camera - whether it be by security cameras, tourists, etc. If you appear only incidentally in a video in a public space, it may be more difficult for us to assess your privacy concerns." So clearly he wasn't going to care about what the law actually says. So I tried to take it up with who he reports to. On August 27, 2008 I sent this email to sdfd@sandiego.gov and rmakani@sdmse.com (general inquires for the ambulance co) Hello, I had one of your paramedics contact me and tell me that it was illegal for me to videotape the inside of an ambulance. I'm pretty sure he's wrong, but do you have any rules like that? here's what he wrote to me: "you cannot video tape inside an ambulance if we, the crew, tell you not to. It's against the law. If you want to argue with me about that, go for it. I'll be filing a claim, then I'll be contacting the appropriate persons at San Diego Medical Services and the San Diego Fire Department, as both prohibit video taping of our crews and apparatus without permission, especially when it's been placed on a public domain." I shot the video from a public place (the sidewalk outside the ambulance), and the ambulance doors were open. Thank you! rmakani@sdmse.com replied promptly with this encouraging email:
Can you send me the name and any contact information you have for the paramedic who contacted you? Thank you for bringing the matter to our attention.
Sincerely, Reema Makani
1010 Second Ave., Ste. 300
And my reply to her:
Unfortunately I don't have his real name, this was the last message I received from him today:
"First off, no, you won't be getting me to tell you my name. I'm not stupid. Second, bottom line is that I have requested you to remove the video that has my PERSONAL likeness and voice on it, which I feel invades my PERSONAL privacy. You've declined, so per youtube's policies I've made a privacy report via http://www.google.com/support/youtube/bin/answer.py?answer=78346&topic=13662 Second, I report to the Chief of the San Diego Fire Department, the name and contact information of which can easily be obtained by visiting the San Diego Fire Department's homepage at http://www.sandiego.gov/fireandems" His youtube ID is http://www.youtube.com/user/somecameraguy and the video in question is at http://www.youtube.com/watch?v=WI1VObpwxyQ and I know he was in unit M68 at 8:06pm on 10/19/2007 because that's the ambulance that transported my friend. Thank you very much! I believe he already filed a complaint with youtube, but I'm confident youtube knows what the law actually is, and that I've done nothing wrong. I'm also trying to find out the paramedic's real name, so that I can lodge an offical complaint, but all I know so far is that he was in unit M68 at 8:06pm on 10/19/2007. As of September 2, 2008 I have not had any more communication with either of them. Some photos, a bit gory but he came through it just fine.
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