I was a patient @ Evolution MD. It is a plastic surgery / med spa that offers various treatments. I had a genital bleaching done a month ago, some pictures where taken and I was informed it was for my eyes only too see the before and after outcome. Now that some time has passed, I requested to have the photos deleted from their system as I do not want my private parts on any system.(I don’t even have any on my phone) I emailed the manager, as one of the employees told me it could be done but the manager had to call the systems department to have it removed as they don’t have access too do that. I emailed him kindly to please remove said photos and he replied saying By law they cannot remove the photos of patients who have came for a service. I just want to know if this is true or not as I can’t find much information on this topic. I honestly don’t even feel comfortable anymore with them having such photos especially with them denying to delete a private part photo. I mean what’s the point if I’m not allowing my photos to be used for marketing purposes? Why not just delete the photos and keep it moving?

How can I fight this back? Does this violate HIPAA laws? I saw if photos can identify you then it does violate HIPAA laws. ( which these photos do contain something that can identify me ) can I report this company for denying my request?

Any information is greatly appreciated!!!

  • Hello! Welcome to Law.SE. Please read our tour page. You can see the link at the bottom of the page. – isakbob Nov 5 '19 at 1:42
  • "Why not just delete the photos and keep it moving?" Because it's insurance against you returning some time later and claiming an injury. – bishop Nov 5 '19 at 6:57
  • 2
    If you would like specific guidance on laws, you'll need to provide a jurisdiction (eg country and state). For a not-terrible overview of USA policy, see: thedoctors.com/articles/medical-record-retention – bishop Nov 5 '19 at 6:58

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