- Joined
- Dec 11, 2006
- Messages
- 18,743
- Reaction score
- 8,048
- Location
- Mid-Atlantic US
- Can others edit my Photos
- Photos NOT OK to edit
- Banned
- #16
HIPAA doesn't apply for two reasons. This isn't health information and the photographer isn't a 'covered entity' and has no responsibility for an healthcare information.
Even if the child was obviously disabled in some way and thus the health information could be inferred, the HIPAA Rules don't apply to a non-covered entity.
I would guess that FERPA doesn't apply because it imposes a burden on the educational organization. Except for Texas, which has much more Draconian laws about photography, there is nothing in US law hindering the posting of any pictures obtained legally.
Even if the child was obviously disabled in some way and thus the health information could be inferred, the HIPAA Rules don't apply to a non-covered entity.
I would guess that FERPA doesn't apply because it imposes a burden on the educational organization. Except for Texas, which has much more Draconian laws about photography, there is nothing in US law hindering the posting of any pictures obtained legally.