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  1. #91

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    Re: Rude Guest incident - a quick vent

    Quote Originally Posted by USS Seawolf View Post
    My original point was that people who get upset after submitting to a voluntary search are not taking into account their choice to submit to that search. I agree that no Disney employee should be unprofessional, and that they may not be aware how much their comments and demeanor are being observed and possibly misinterpreted by hundreds of people watching them while standing in a line. But to call these instances violations of civil rights is really pushing the boundaries of common sense in my opinion.
    Even if someone willingly submits to a search, there is still a reasonable expectation of privacy. While the inspectee may not expect to keep things private from the inspector, they have a reasonable expectation that their items will not be removed from their bags in a "hey, check this out" kind of way and shown off for the inspector's coworkers and the general public just because the inspector thought the item was "neato".

    Quote Originally Posted by USS Seawolf View Post
    My advise was to just keep the items in your pocket is all. Why even set yourself up to be embarrassed if you are that sensitive to people knowing about your personal effects at a security check point? That was my point.
    They shouldn't have to. The Disney workers should respect the privacy of the people whose possessions they are searching or they should seek other employment. People submitting to these searches are putting their trust in the person performing the search. Violation of that trust should be a terminal offense.
    "You can cut me off from the civilized world. You can incarcerate me with two moronic cellmates. You can torture me with your thrice daily swill, but you cannot break the spirit of a Winchester. My voice shall be heard from this wilderness and I shall be delivered from this fetid and festering sewer."

  2. #92

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    Re: Rude Guest incident - a quick vent

    There was no HIPAA violation. Disney CMs are not subject to HIPAA.

    For Covered Entities and Business Associates

    For Covered Entities and Business Associates

    The HIPAA Rules apply to covered entities and business associates.
    Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA must comply with the Rules' requirements to protect the privacy and security of health information and must provide individuals with certain rights with respect to their health information. If a covered entity engages a business associate to help it carry out its health care activities and functions, the covered entity must have a written business associate contract or other arrangement with the business associate that establishes specifically what the business associate has been engaged to do and requires the business associate to comply with the Rules’ requirements to protect the privacy and security of protected health information. In addition to these contractual obligations, business associates are directly liable for compliance with certain provisions of the HIPAA Rules.
    If an entity does not meet the definition of a covered entity or business associate, it does not have to comply with the HIPAA Rules. See definitions of “business associate” and “covered entity” at 45 CFR 160.103.


    A Covered Entity is one of the following:

    A Health Care Provider A Health Plan A Health Care Clearinghouse
    This includes providers such as:

    • Doctors
    • Clinics
    • Psychologists
    • Dentists
    • Chiropractors
    • Nursing Homes
    • Pharmacies

    ...but only if they transmit any information in an electronic form in connection with a transaction for which HHS has adopted a standard.
    This includes:

    • Health insurance companies
    • HMOs
    • Company health plans
    • Government programs that pay for health care, such as Medicare, Medicaid, and the military and veterans health care programs
    This includes entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa.


  3. #93

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    Re: Rude Guest incident - a quick vent

    Quote Originally Posted by Ron W View Post
    There was no HIPAA violation. Disney CMs are not subject to HIPAA.

    For Covered Entities and Business Associates

    As an employer, I am also subject to HIPAA. I am not allowed to speak with anyone regarding any of my employees' medical conditions. In fact, it is often in my best interest to not be "in the know" about their medical issues. I almost always leave that up to Human Resources.

    As a guest in the parks, Disney is not subject to HIPAA regarding my medical condition. They are only responsible for their own employees.
    Last edited by 4th Gen Disney Fan; 07-14-2013 at 07:14 AM.
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  4. #94

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    Re: Rude Guest incident - a quick vent

    The CM mentioning that a guest has an inhaler (even if the context is to insinuate that the guest has some kind of medical condition, albeit unknown) is in no way a HIPAA violation.

    If this was an emergency and Disney's first aid had to respond and the nurse(s) started discussing the guest's medical information (even name, DOB, address) with non-medical CM's and/or guests, then that's a big problem.
    Last edited by G24T; 07-14-2013 at 10:55 AM.
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  5. #95

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    Re: Rude Guest incident - a quick vent

    Quote Originally Posted by G24T View Post
    The CM mentioning that a guest has an inhaler (even if the context is to insinuate that the guest has some kind of medical condition, albeit unknown) is in no way a HIPAA violation.

    If this was an emergency and Disney's first aid had to respond and the nurse(s) started discussing the guest's medical information (even name, DOB, address) with non-medical CM's and/or guests, then that's a big problem.
    Even if it doesn't fall under HIPPA, it's still rude/bad customer service to announce the contents of a guest's bag to the rest of the line.
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  6. #96

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    Re: Rude Guest incident - a quick vent

    Quote Originally Posted by calsig31 View Post
    Even if someone willingly submits to a search, there is still a reasonable expectation of privacy. While the inspectee may not expect to keep things private from the inspector, they have a reasonable expectation that their items will not be removed from their bags in a "hey, check this out" kind of way and shown off for the inspector's coworkers and the general public just because the inspector thought the item was "neato".
    I agree 100% that employees should be professional at all times. One of my biggest pet peeves is supermarket employees and others carrying on personal conversations while they are supposed to be waiting on customers. But that being said, I fail to see where you would expect absolute privacy at a search you volunteered for in a public place?

    Quote Originally Posted by calsig31 View Post
    They shouldn't have to. The Disney workers should respect the privacy of the people whose possessions they are searching or they should seek other employment. People submitting to these searches are putting their trust in the person performing the search. Violation of that trust should be a terminal offense.
    Trust?? I don't "trust" anyone with my personal belongings other than my family or closest friends. I don't trust coworkers with my wallet or personal information, why would I trust a complete stranger with anything? When I go to the inspection table, anything I have to be inspected is not something that will embarrass me. And I don't "trust" anyone touching my camera or lenses, so if they want to inspect my camera bag--- I am the one handling my camera, not them.

    If some people are that "trusting" that is their choice. They do so at their own peril in my opinion.

  7. #97

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    Re: Rude Guest incident - a quick vent

    Quote Originally Posted by Malina View Post
    Even if it doesn't fall under HIPPA...
    Don't worry, it doesn't.

  8. #98

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    Re: Rude Guest incident - a quick vent

    You showed some good composure. If it were me, I probably would've given a look and said "excuse me!" sternly and go about my business. Sometimes it's not worth calling security and getting into that whole ordeal because well, you're at Disneyland! You do want douchebags ruining your happy day. I try to put on my extra thick skin when I'm there.

    Now, I have kids and if she would've done it to one of them, I'd probably be arrested and escorted since, I would've taken the wheelchair by the feet and flipped her on her back in retaliation.

    Pick your battles I guess.

  9. #99

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    Re: Rude Guest incident - a quick vent

    Quote Originally Posted by USS Seawolf View Post
    You publicly volunteered your personal medical information at the voluntariy Disney search. You therefore waived any expectation of absolute privacy as the employee verified the items in your bag.
    No, you most certainly did NOT. You may agree to let the employee look at your belongings but you did NOT allow them to convey that information to bystanders. Going through security does not mean you are allowing Disneyland employees to tell the guests standing in lines behind you what medication you are taking.

  10. #100

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    Re: Rude Guest incident - a quick vent

    Quote Originally Posted by kirstenh View Post
    No, you most certainly did NOT. You may agree to let the employee look at your belongings but you did NOT allow them to convey that information to bystanders. Going through security does not mean you are allowing Disneyland employees to tell the guests standing in lines behind you what medication you are taking.
    I am not allowing it because I don't allow it. I keep my private matters private because once they are out of my control I am subject to someone else's good judgement, or malicious intent. I don't give out my SS# at Doctor's offices, and I refuse to show my drivers license when using a credit card to retailers... even when they request to see it. Most people aren't aware that showing your ID with a credit card purchase is usually not required per your contract with the credit card company--- or with the retailer's contract with the credit card company. I often shake my head at how many people just roll over for these types of requests. Sort of like when the police say, "you don't mind if I look around in your car do you, because you have nothing to hide, right?" The answer should ALWAYS be no, if just on principal alone.

    I guess I'm just more cautious in that regard. Mostly because criminals are opportunists---- including criminals who may be looking into your bag at Disneyland.

  11. #101

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    Re: Rude Guest incident - a quick vent

    Seems the thread got a bit off subject! OP, if I had been deliberately hit by someone in a chair, I would have said something very loudly about the discourtesy of ramming people to make the line go faster. Make sure everyone around her knew what a jerk she was. As far as the CM(s) and their unprofessional actions regarding your bag's contents, it might be worth an email to Customer Service (link on DL website). If this happens to separate people on different occasions, it would be worth a mention. A bit of training on discretion couldn't hurt.

  12. #102

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    Re: Rude Guest incident - a quick vent

    Quote Originally Posted by USS Seawolf View Post
    I agree 100% that employees should be professional at all times. One of my biggest pet peeves is supermarket employees and others carrying on personal conversations while they are supposed to be waiting on customers. But that being said, I fail to see where you would expect absolute privacy at a search you volunteered for in a public place?
    No one is expecting absolute privacy. One obviously surrenders privacy as it relates to the search or legitimate business associated with the search. However, that is where surrendering one's privacy ends. By submitting to a search, one does not give permission to the workers to announce to the public the contents of their bag nor are they giving permission to the searcher to show items off to their coworkers or the general public.

    Quote Originally Posted by USS Seawolf View Post
    Sort of like when the police say, "you don't mind if I look around in your car do you, because you have nothing to hide, right?" The answer should ALWAYS be no, if just on principal alone.
    It wouldn't matter. While consent does take away a fourth amendment defense, it isn't always necessary. If I remember correctly from law school, there are about seven ways to get around a warrant requirement when searching a vehicle. The biggest one is that exigent circumstances always exist when dealing with a vehicle because it is mobile. So really, saying, "no" when politely asked to have your vehicle searched is really a formality. If police have reasonable suspicion, they can conduct at least a cursory search. If they have probable cause, they can search any part of your vehicle they want.
    "You can cut me off from the civilized world. You can incarcerate me with two moronic cellmates. You can torture me with your thrice daily swill, but you cannot break the spirit of a Winchester. My voice shall be heard from this wilderness and I shall be delivered from this fetid and festering sewer."

  13. #103

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    Re: Rude Guest incident - a quick vent

    Quote Originally Posted by Malina View Post
    Even if it doesn't fall under HIPPA, it's still rude/bad customer service to announce the contents of a guest's bag to the rest of the line.
    Very true.. but I believe that CM's aren't adequately trained to act on that kind of customer service level. I also believe that the CM's are encouraged (but not trained) to make small talk with the guests so that they don't become agitated with the experience.

    Perhaps this particular CM thought that "oh, an inhaler!" would be a good ice breaker in her own logic bubble?
    Last edited by G24T; 07-16-2013 at 11:10 PM.
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  14. #104

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    Re: Rude Guest incident - a quick vent

    Quote Originally Posted by G24T View Post
    Very true.. but I believe that CM's aren't adequately trained to act on that kind of customer service level. I also believe that the CM's are encouraged (but not trained) to make small talk with the guests so that they don't become agitated with the experience.

    Perhaps this particular CM thought that "oh, an inhaler!" would be a good ice breaker in her own logic bubble?
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  15. #105

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    Re: Rude Guest incident - a quick vent

    i had an old lady do the same thing!!!!!!!
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