Re: Release of graphic photos of deceased accident victim
Photos are in possession of fire department not police
On September 14, 2021, at 7:59 AM, "Tucker, Thomas L" thomasltucker@okc.gov wrote:
I believe you can withhold the photos under 51 O.S. 24A.8(A)(9)(a) or 24A.8(A)(10)(b)(1).
Thomas Lee Tucker
Assistant Municipal Counselor
City of Oklahoma City
200 N. Walker Ave., 4th Floor
Oklahoma City, OK 73102
(405) 297-2451
thomasltucker@okc.gov
-----Original Message-----
From: david davis ddavislaw@live.com
Sent: Tuesday, September 14, 2021 7:42 AM
To: oama@lists.imla.org
Subject: [Oama] Release of graphic photos of deceased accident victim
Can a city refuse release of graphic photos of deceased accident victim to protect family right of privacy. Request is by attorney investigating possible litigation.
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If the photographs were taken by the Fire Department in connection with an EMS run, they are potentially HIPAA records and would require a HIPAA authorization for release. I know there is discussion of whether or not a FD is a "covered entity," but I typically require an authorization that meets the standards of the CFRs. If the family is objecting to the release of the records, while there is no duty to contact them and advise them of the requested record release the City could do so and see whether the family wants to file a private civil action to stop the release of the information. There could be an argument that the information should not be released, but I am not certain that the City would have standing to raise that argument. It would also be more forceful coming from the family.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
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From: david davis ddavislaw@live.com
Sent: Tuesday, September 14, 2021 8:14 AM
To: thomasltucker@okc.gov; oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] Re: Release of graphic photos of deceased accident victim
Photos are in possession of fire department not police
On September 14, 2021, at 7:59 AM, "Tucker, Thomas L" <thomasltucker@okc.govmailto:thomasltucker@okc.gov> wrote:
I believe you can withhold the photos under 51 O.S. 24A.8(A)(9)(a) or 24A.8(A)(10)(b)(1).
Thomas Lee Tucker
Assistant Municipal Counselor
City of Oklahoma City
200 N. Walker Ave., 4th Floor
Oklahoma City, OK 73102
(405) 297-2451
thomasltucker@okc.govmailto:thomasltucker@okc.gov
-----Original Message-----
From: david davis <ddavislaw@live.commailto:ddavislaw@live.com>
Sent: Tuesday, September 14, 2021 7:42 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Release of graphic photos of deceased accident victim
Can a city refuse release of graphic photos of deceased accident victim to protect family right of privacy. Request is by attorney investigating possible litigation.
Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.