Comment Re: Why dashcams? (Score 1) 93
An expungement is not always easy to obtain, as in many states it requires a much higher burden of proof (positive finding of innocence rather than beyond a reasonable doubt, for many states) and it doesn't address the issue created when that video/audio recording reveals the private medical history of a person that doesn't give consent and can't be consented for release unless by the person involved or by someone holding a power of attorney over the subject. Let's try a little thought experiment as an example, even if is a bit extreme:
911 call comes in for a medical distress call. Caller advises that he and his wife/partner/whatever were having a bit of fun in the bedroom and said partner decided to get a little adventurous, and now that cucumber isn't coming out of a place not normally used for the storage of various fruits and vegetables, pre-digestion, at least. Should that unedited call, telling names, addresses, chief complaint, whatever, be released? The way the Ohio law seems to be written as suggested above*, it would be. Let's carry it a step further (and get back to the release of unedited dash/body cam video), and the first responder on the scene, who happens to be a police officer (pretty common in quite a few areas) walks in on the scene to start rendering aid. Would his body cam need to be available in an unedited form to all who ask? Next step in the chain: victim of said "fruiting"** begins telling the officer/first responder of previous medical history, and how the carrot didn't do this last time*** and how it is starting to irritate his irritable bowel syndrome**** . Now, in the strictest sense, PMI***** is on the tape. Should that be released?
While this is a funny example******, and intended to go off the deep end, remember that laws don't always have room for interpretation on the fly without a court order. Is it acceptable to us, as a society, that we would not make allowances for the mental anguish of a family by releasing un-edited footage of a shooting scene where a small child could see their father in a pool of blood because the store he stopped at on the way home was the scene of an armed robbery gone wrong? How about the pain inflicted to a mother by having to watch the raw video of the police investigating the traffic accident where her teenage son was burned to death in a car being played on every local new channel for the next three days? And finally, is there some furthering of the goals of good governance provided by the release of responder's body cam video of John Q. Public with a cucumber stuck in his bum?
*I have not read the law in Ohio, so this assumption is based 100% on the AC's statement.
**Cucumbers have seeds on the inside, therefore technically a fruit, not intended as a social commentary.
***Yes, it's getting off the wall, but I had steamed veg with lunch, so deal with it.
**** Try saying that phrase 3 times fast without laughing. Go ahead, I'll wait
*****That would be Private Medical Information, as defined in the privacy rule of HIPPA, and in this case, it hasn't been de-identified.
******Unless you happen to have been a victim of this, in which case, my apologies and please allow me to introduce you to the crisper box in the refrigerator. Much better place for vegetables