Submitted by Born_Studio_7254 t3_y1m4tl in newjersey

I was at the Zenleaf in Lawrence and security threatened to kick me out for not taking my AirPod out of my ear. They said they were considered a medical facility and that having them in was a hipaa violation. Is there any truth to that? I’ve never been in my doctors office and been told to take out my headphones. What’s the deal?

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Fundkilr t1_iryx72w wrote

You came here to write about how you can’t follow rules?

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Zhuul t1_irydxgv wrote

I mean, it IS a wireless mic. I wouldn't consider it an issue but it's not difficult to see why they would.

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encouragingSN t1_iry83kt wrote

I'm guessing it's a policy they have in an effort to ensure privacy of people who would rather not have it publicly known that they use marijuana.

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beeps-n-boops t1_iryxr7r wrote

So they asked you to remove them, and you tried to refuse.

Not sure why you think the problem is on their side of the table.

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arschloch57 t1_iryg59j wrote

Not a HIPPA violation, but they have a right to ban them.

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Flowersons t1_iryrjso wrote

It's not a hipaa violation but it is considered private property so they can ask you to take it off or leave.

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EstateOutrageous8399 t1_iry5ld9 wrote

Don't be a ass Do as asked. Is it really that hard? You have legal weed Don't be a trumper.

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disineb t1_iryobzm wrote

What’s that supposed to mean?

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gex80 t1_is304xp wrote

It means you're not special and follow the rules.

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disineb t1_is36bp4 wrote

O ok. You people that hate trump are just as crazy as the ones who love him.

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gex80 t1_is36ztv wrote

My post had nothing to do with trump I couldn't less about that man.

It's just general life advice don't be an ass. If you don't like the rules, you are free to to go somewhere else that will let you have airpods.

Or are you saying that anyone should be able to go into someone else's business and do whatever they want?

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disineb t1_is38pf4 wrote

if your post had nothing to do with trump then you didn’t answer my question at all.

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gex80 t1_is3de7x wrote

Do you not see the part where I told you what it means? I literally started the sentence with "It means".

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disineb t1_is3dmz2 wrote

Did you not see the part where they mention trump? The word literally starts with “trump”

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gex80 t1_is3eoc9 wrote

Your question was

>What's that supposed to mean?

I answered the question put forth. Do you need help understanding such a simple exchange?

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disineb t1_is3gnwu wrote

No clearly you do. The word I was questioning was trumper not anything else. Now that that’s clear, what’s it mean in this context?

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JimJobbers t1_iryeypc wrote

They have every right to kick you out for pretty much any reason so idk why they felt the need to make that up. I mean, can you record a conversation there, maybe, maybe not, but would it violate HIPPA if you did, hell no. HIPPA does not work like that. It’s a very narrow law that applies in specific circumstances, none of which concern information that would be disclosed in a public space like the retail area of a medical dispensary.

Also I’m sure they have security cameras in the main area, if your AirPods violated it, somehow those wouldn’t?

If they’re concerned about the privacy of their customers or just don’t like you wearing AirPods, they can kick you out but it’s not HIPPA that’s making them.

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Dismal-Archer859 t1_iryitgv wrote

I doubt any dispensaries are public spaces. If you are not buying you are not welcome.

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JimJobbers t1_irz8gr0 wrote

I mean more of an place open to the public and one in which you have no expectation of privacy. Like a store you can walk into, not like a property owned by the government.

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Dismal-Archer859 t1_irzsx71 wrote

Yeah overall I agree with everything you said just wanted to make sure you didn't think there was some right to record. The dispensary can make any rules they'd like.

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gex80 t1_is2zvos wrote

Having security cameras is not a HIPAA violation. However, failure to properly prevent unauthorized access to those tapes and video of patients going in and out leak on the internet would be a violation since we now know you as a patient visit this medical establishment.

That would be a violation.

Also medical only dispensaries aren't open to the public in a normal sense. Right now if I wanted to, I by law cannot step foot in a medical dispensary. They also have to verify I'm a valid patient as well before I'm allowed through that door.

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sweetmagnum t1_iry66w8 wrote

HIPAA regulations are related to patient privacy and data security. Your use of headphones has nothing to do with either of these. They are responsible for securing their data systems from intrusion which may cause loss of data confidentiality, availability or integrity (CIA). If your use of a smart phone with headphones have any effect on their system's CIA, they have already failed, and you should let them know you'll report them to the HHS for an audit if they persist in their bs.

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Funny_Breadfruit_413 t1_irya49r wrote

Yeah, fight the good fight later. For now, get your legal weed and go

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a_corsair t1_is0v08n wrote

Why didn't you just take your headphones out

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Sirkitbreak99 t1_iryfcpr wrote

Is everyone here just forgetting that they have a phone in their pocket that is also a litteral wireless mic that can be set to record?

Also don't forget the wiretapping laws in NJ only require one party consent.

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Hellnugget19 t1_irz1lfo wrote

> Is everyone here just forgetting that they have a phone in their pocket that is also a litteral wireless mic that can be set to record?

Well yeah but we can SEE the one hanging out of your ear.

Or something.

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Stickyrosineer t1_is1rskt wrote

Don’t you like talking about the stupid decisions made by small minded individuals? Sure it’s dumb answers, dumb questions, dumb answers to dumb questions but that doesn’t make it less entertaining. We all know there’s no reason to implement such ruling against one’s items. We’re just trying figure out what stupid reason they chose to justify it. It’s all in good fun. Hopefully

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gex80 t1_is3114j wrote

You're throwing all nuance out the window. The premise is allowed to have any rule they want.

The difference is OP sounds like they did not have their phone out. If they don't see there is a phone, how do they know you have a phone on your person's vs in your car? At that point it's plausible deniability.

However OP had airpod in their ear hanging out for all to see. It becomes a fact that you can't deny.

Now I disagree with this being a HIPAA violation with the small piece of HIPAA I have to comply with from an IT side of things. But that doesn't mean the dispensary can't have a policy that says no listening devices as a way to cover their asses.

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Sirkitbreak99 t1_is31wla wrote

You are absolutely right they can make what ever crazy rules they want. It's the reason they gave that's absolutely BS. If the guy at the door was just like "no airpods, store rule" then yeah its just a silly rule and that's the end of it. It's when people start over thinking it and trying to guess crazy reasons for the rule that it gets ridiculous.

I would also argue that most people don't leave their phones in the car and bring them with them when walking into a dispensery. Only because why would you leave your phone in the car, that's odd.

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gex80 t1_is2zloh wrote

HIPAA applies to any entity that process patient information and is required to keep that information private at all costs.

Your airpods are a recording device that was actively in use by being in your earsregardless of what you were doing. They are a medical facility.

While HIPAA doesn't apply to you directly it does apply to.them. there can be an argument made that they are in the right.

Now someone is going to counter with cell phones. A cell phone in your pocket is out of sight and no way to prove if your phone is on you or in your car until you take it out. They can't take action on what they don't see. However that doesn't mean they can't have a no cell phones on premises policy.

Either way, just take the L and learn your lesson.

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Stickyrosineer t1_iryc9on wrote

It has to do with the ability to listen to the area around you. I’m not exactly sure what it’s called but there was a time people talked about “snooping on others convos” by leaving one airpod in the room and recording it in the phone. And since it’s now framed a possible listening device it violates HIPAA as you could be leaking others info. It’s a stretch but it’s somewhat logical. I used to go to cureleaf. Same thing. I had my airpod in and the security guard out front told me I had to take it out. I was confused then but I understood later that day. I thought it was for safety lol then I figured that made no sense.

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youdidit3012 t1_is2afip wrote

Been to this place multiple times. Nothing but positivity there. Why are you bringing the negativity to a weed store of all places? Follow the damn rules. You're only in there 15-20 minutes. You can be a grown adult and take them out for that length of time

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