Can a Dr.’s office take a picture of me without my conscent?

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Can a Dr.’s office take a picture of me without my conscent?

I recently received a prescription with a recent picture of me on it. I’ve never given consent nor agreed to have my picture taken by them

Asked on December 6, 2018 under Malpractice Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

So long as they are not using your likeness for commercial gain, then you have no claim here. Merely taking a person's photo is legal.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

This is legal. They cannot use your image without your consent for their  economic advantage (can't sell it; can't use your image to advertise or market; etc.) but there is no general restriction on using a person's image for noneconomic reasons.


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