How To Choose A Forensic Photo Documentation System
In Order for Children’s Advocacy Centers (CACs) to remain compliant with the facets of the 2017 National Children’s Alliances’ requiring “Policies in place for storage and release of examination images that protect the sensitive nature of the material” and “Diagnostic-quality photographic documentation of ano-genital exam findings”, SDFI-TeleMedicine has come up with some tips when choosing a compliant photodocumentation system.
1. When looking for “Diagnostic-quality” equipment, you must first know how to evaluate a good photo versus a bad photo. Follow these steps when comparing camera systems:
a. Bring the photo in 100 percent on a computer. This is the ONLY way you can evaluate if it is a good image or not. NOTE: Windows computers have a viewer that let you see a picture at 100 percent. b. Does the image represent the subject matter? c. Is the image: - clear? - in focus? - not too light? - not too dark? - straight/aligned? - not twisted? If the answer is “Yes” to all of these, then that camera source offers a good “Diagnostic-quality”.2. After you have assessed a good camera source, evaluate how easy it is for you to use it.
a. Since medical personnel are patient-centered, it is imperative that you can easily pick up the camera system and capture good pictures quickly and effectively.
3. How can I prove that a .JPG I bring to court has not been manipulated when the defense attorney questions its validity? (This is a great way for a defense attorney to get all of your pictures thrown out of court).
a. First review the Federal Rules of Evidence Article X, Contents of Writings, Recordings, and Photographs Rule 1003, Admissibility of Duplicates. It states that “A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate.”b. Make sure your CAC has saved a .RAW file for that .JPG. If your defense attorney mathematically proves that your .JPG is not original, and they can, it may make it “unfair to admit the duplicate”, so ensure you are ready with that .RAW file. Smart defense attorneys know, and may use this argument.
4. What is a .RAW file versus a .JPG file?
a. A .RAW file is a digital negative that cannot be manipulated in any way, shape or form. .RAW files actually hold all of the photo’s data, along with metadata. Metadata includes a date, time and camera settings details within the RAW file.b. A .JPG is an image file format. Inside digital cameras, they are created from other formats .RAW files. .JPG’s files can be easily changed and manipulated via image management software, whereas .RAW files cannot. In order for you to create a .RAW file, you should use a SLR high-resolution camera.
5. Who pays for the photos and video during a forensic medical exam?
a. These photos and video were part of the requirements of the Sexual Assault Kit (SA Kit). States sometime require that they can be hand-drawn or captured with cameras. As part of the 2017 NCA Requirements, however, Section H. states: ”Diagnostic-quality photographic documentation of the ano-genital exam findings should be obtained in all cases of suspected sexual abuse using still and/or video documentation.” b. These photos are then sent forward as part of the SA Kit to your crime lab, prosecutor’s office or another for processing.c. VOWA rules – Human Health Services, The Office on Violence Against Women and 42 U.S.C. § 3796gg-4 state that a sexual assault victim must not incur any out-of-pocket expenses for a forensic exam. d. View how to get reimbursed for forensic exams. Scroll to your state within the list.
6. How long do I need to keep photos?
States vary on this, but when it involves children, it’s basically forever. You cannot delete, remove or lose your photos and videos. See your State Criminal Statutes of Limitation in Sexual Abuse Crimes.7. Since I need to store my images forever, how do I secure my storage with all of the hacking incidents occurring?
In the Ponemon Institute's Sixth Annual Benchmark Study on Privacy & Security of Healthcare Data in April 2016, healthcare-related breaches constituted $6.2B in cost, at an average expense of $355 per record. According to ID experts, over 140 million individuals in the United States - roughly 50% of the population - have had their healthcare records lost, breached or stolen. In 2015, IBM noted that healthcare had the highest rate of data breaches versus any other industry.a. Sequester your photos and video from medical records. b. Ensure you use a nested, end-to-end encryption when, such as 256-Bit Advanced Encryption Standard when you store and release photos. c. Store encrypted volumes ON YOUR OWN NETWORK or COMPUTER. This way, if you get hacked or stolen, there is no way in. d. DON'T use the cloud! e. You always want to have access to your own data. “Secure Amazon Cloud Services”, “Secure Google Cloud Services”, “Secure Mobile Colposcopes” are all examples of the “cloud”. Real examples of what you authorize when using secure mobile colposcopes, iPads, iPhones, Android, secure storage on Amazon and secure storage on Google are seen below. In addition, when you run apps, they may have authorization to collect your data from your device. These are some REAL SAMPLE CONSENT AGREEMENTS BELOW. "Your Consent (important, please read carefully!) a. BY (A) INSTALLING AND/OR DOWNLOADING THE APP ON YOUR MOBILE DEVICE, (B) ENTERING INTO, CONNECTING TO, ACTIVATING, USING AND/OR ACCESSING THE APP, THE PORTAL AND/OR THE SERVICES, AND/OR (C) CLICKING THE "I AGREE" BUTTON WHEN SETTING YOUR PASSWORD FOR THE APP AND/OR PORTAL, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING TO THE POSSIBLE COLLECTION AND PROCESSING, MONITORING, STORING AND SHARING OF THE INFORMATION SPECIFIED HEREIN. b. Clinician's use of the App may generate Sessions. Each Session may include the Clinician's name, the patient's ID (actual or made-up), the clinical image, image date, Clinician's diagnosis, general geo-location of Clinician's mobile device c. HOW DO WE COLLECT INFORMATION ON OUR USERS AND/OR THEIR PATIENTS? d. We collect information through your installation and use of the App and/or Portal. e. We collect patient information that you choose to include in your Sessions. f. MobileABC may transfer and disclose Non-personal Information to third parties at its sole discretion and without restriction. g. We cannot guarantee that unauthorized access or use will never occur. h. Cancelling your Account may cause inability to access your Account and/or the loss of certain information (including, without limitation, the Sessions and/or clinical images or any Personal Information). i. INTERNATIONAL DATA TRANSFER j. We may transfer information collected about you, including Personal Information, to affiliated entities, or to other third party service provides (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that we may transfer such information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to such transfer of information. k. Third-party service providers may use both session cookies (which expire once you exit the App or Portal)." We hope this guide on how to choose forensic photodocumentation equipment and secure systems helps you. If you have any further questions or need more information, please fill out the form on this page and we will help you.