Individuals wishing to record their consultations should notify those involved before starting the recording to gain their consent to appear in the recording.
Where possible, staff members should document the recording and the consent arrangements in the consultation notes.
- The individual making the recording must only use the recording for personal uses and must not use the recording to harass members of staff or publish the recording into the public domain (e.g. on the internet or social media). Any use of the recording for non-personal uses, or published into the public domain is then subject to the GDPR.
- Although we cannot place restrictions on a patient wishing to record notes of a consultation or conversation with a health professional, where it is felt absolutely necessary by the patient to do so, we should ensure that:
- Any recording is done openly and honestly
- The recording process itself does not interfere with the consultation process or the treatment or care being administered
- The patient understands that a note will be made in their health record stating that they have recorded the consultation or care being provided
- The patient is reminded of the private and confidential nature of the recording and that it is their responsibility to keep it safe and secure.
- Any recording is only made for personal use.
- Patients are aware that the misuse of a recording may result in criminal or civil proceedings
- Patients are discouraged from undertaking recordings in the first place, unless it is deemed absolutely necessary by highlighting the above responsibilities.