The Prohibition of Photographing in The Medical Facilities and The Application of Section 7 of National Health Act, B.E. 2550

Abstract

Many hospitals have imposed the restriction on taking photograph and recording sound within its area. They claim that these actions violate Section 7 of National Health Act, B.E. 2550. This provision is interpreted that it prohibits all sort of photographing in medical facilities. That raised the questions about the broad application of this provision and the scope of individual rights to take photo in medical facilities.

            The study found that the offence against the disclosure of personal health information under Section 7 of National Health Act, B.E. 2550 aims to protect individual confidentiality, not to specifically prohibit photographing in the medical facilities. The element of the offence is the disclosure personal health information without the consent of the owner of the information. In addition, the disclosure that imputes anything to the other person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned, is the committing defamation which have criminal liability. Furthermore, the disclosure that is injurious to reputation or the credit of another results in the liability for tort. However, patients or their agents have the right to take photographs of themselves. This right is protected by the Constitution insofar as the exercise of the right does not affect or endanger the security of the state or public order or good morals and does not violate the rights or liberties of other persons.

            In order to avoid the confusion caused by the broad interpretation of Section 7 of National Health Act, B.E. 2550, develop the trust between public health personnel and service receiver, protect the right of individuals, and protect the performing duty of health profession practitioners, the clear regulations or measures must be made. It should clearly provide that what situations and conditions are prohibited from taking photo or recording sound. On the other hand, if these actions obstruct health personnel in the execution of their duty, there should be a provision to prohibit them, comparing to the regulations of Court of Justice which not allow the photographing and sound recording in court buildings and during trial. The last suggestion, the photographing and sound recording which injure the privacy of another should have the criminal liability.