Community Grievance Decision Digest

Filming or Taping - Consent Required

The decision summaries regarding this law may be found in the document:
  Community Grievance Decision Digest: Decisions. (PDF, 512KB)

THE LAW:

Each patient shall..."Except as otherwise provided, have a right not to be filmed or taped, unless the patient signs an informed and voluntary consent which specifically authorizes a named individual or group to film or tape the patient for a particular purpose or project during a specified time period. The patient may specify in such consent periods during which, or situations in which, the patient may not be filmed or taped. If a patient is legally incompetent, such consent shall be granted on behalf of the patient by the patient's guardian. A patient in Goodland hall at the Mendota mental health institute may be filmed or taped for security purposes without the patient's consent, except that such a patient may not be filmed in patient bedrooms or bathrooms for any purpose without the patient's consent."

ss. 51.61(1)(o), Wis. Stats. [Emphasis added.]

"(1) No patient may be recorded, photographed, or filmed for any purpose except as allowed under s. 51.61(1)(o), Stats., and this section.

(2) A photograph may be taken of a patient without the patient's informed consent only for the purpose of including the photograph in the patient's treatment record.

(3) The informed consent document shall specify that the subject patient may view the photograph or film or hear the recording prior to any release and that the patient may withdraw informed consent after viewing or hearing the material."

DHS 94.18, Wis. Admin. Code [Emphasis added.]

Last Updated: June 18, 2009