DB 20-09 - Use of Recording Devices by Dept Employees

Question 1

A “Recording device” includes any device that can capture photographs, video, and/or ______.

Answer 1

Audio

Question 2

The Department strictly prohibits the use of any recording devices during working periods for non-Department purposes.

Therefore, Department employees are prohibited from using any recording device, while on-duty, to make recordings for _______.

Answer 2

-personal use or monetary gain.

(This is prohibited regardless of whether the recording device is Department-issued or a personal device belonging to an employee.)

Question 3

Recordings made while on-duty for Department purposes are considered _________.

Unless properly authorized, such recordings shall not be shared with other Department employees or released outside the Department.

Answer 3

-Department records

Question 4

In complying with ________, the Department strictly prohibits the recording of patient injuries, wounds, the patient’s face, and/or patient care activities.

Recordings that can be used to identify a patient is considered _________.

Answer 4

-Health Insurance Portability and Accountability Act (HIPAA)

-Protected Health Information (PHI)
(UNAUTHORIZED release or of PHI is prohibited.)

Question 5

The State of California Penal Code states, in part that:

“a first responder, operating under color of authority, who responds to the scene of an accident or crime and captures the photographic image of a deceased person by any means, including, but not limited to, by use of a personal electronic device or a device belonging to their employing agency, for any purpose other than an official LAW ENFORCEMENT purpose or a genuine PUBLIC INTEREST is guilty of a ________ punishable by a fine not exceeding one thousand dollars ($1,000) per violation.”

Answer 5

-misdemeanor