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Erin Bernstein, Deputy City Attorney for the City and County of San Francisco, Executive Director of the Affirmative Litigation Task Force
Center for Law and the Biosciences Journal Club!
Come hear Erin Bernstein, Deputy City Attorney for San Francisco and Executive Director of its Affirmative Litigation Task Force discuss her recent paper, Health Privacy in Public Spaces. (The paper is available here.) Health Privacy in Public Spaces examines the impact of public image capture on individual health care privacy and on public health more broadly. While courts move increasingly toward recognizing a constitutional right to record in public places, the jurisprudence and scholarship examining public image capture has failed to distinguish between the types of spaces being recorded. The recording of individuals accessing health care clinics may negatively impact both individual and public health. And while a major justification for failing to extend privacy protections to public spaces has been the idea that individuals consent to being recorded by virtue of passing through public spaces, this conception fails to take into account modern land use policies that effectively push private business into public spaces. This Article suggests local government ordinances creating camera-free zones outside of health clinics; this proposal draws upon other constitutional safe spaces where states and localities limit image capture due to concerns of intimidation and interference with competing constitutional rights.
Also come for the free food!
Center for Law and the Biosciences