Surveillance in healthcare: Guidance for healthcare professionals when patients want to record consultations

In the fifth blog of our five-part series on surveillance in healthcare, we set out guidance for healthcare professionals when patients want to record medical conversations. If you’re catching up on the series, our previous blogs covered safety and privacy, staff awareness of monitoring, best practice guidance and the use of Facial Recognition Technologies in the workplace.  

In today’s digital age, it is increasingly common for patients to ask if they can record their medical consultations, or indeed to covertly do so. Whether for clarity, to share information with family, or to keep a personal record, audio recording can empower patients and support shared decision-making. However, it also raises important legal, ethical, and practical questions for healthcare professionals and organisations.

The legal position

Under UK law, private individuals, including patients, are generally permitted to record conversations they are a participant in, such as a medical consultation, without informing the other party, provided the recording is for their own personal use. This applies to both in-person and telephone consultations. Patients do not need to obtain explicit consent from clinicians.

However, the situation changes if a patient wishes to share, publish, or use the recording beyond personal reference. Sharing a recording with third parties, posting it online, or using it in a legal dispute may engage data protection, privacy, or harassment laws. Further, if the recording is carried out in an aggressive or distressing manner, and the relevant individuals persist despite being told to stop, criminal offences such as harassment may become relevant.

Professional and organisational considerations

While patients have the ability to record their own consultations for personal use, healthcare professionals may feel uneasy about being recorded without their knowledge. Clinicians should not obstruct patients from recording consultations in a respectful way but should seek to understand the patient’s reasons and address any concerns openly. It is well-known that when patients receive diagnoses, or are informed of poor prospects, they find it difficult to retain the information they are provided, meaning that recording may be in a patient’s best interests.

Healthcare organisations should also have clear policies in place regarding patient recordings. These should outline the organisation’s understanding of:

• The legal rights of patients to record their own consultations.
• The expectation that recordings are for personal use only, and the risks of sharing them.
• The importance of maintaining confidentiality for other patients and staff.
• The process for staff to follow if they become aware of covert recording.

Practical guidance for clinicians

If a patient asks to record a consultation, clinicians are recommended to:

• Respond openly and professionally, acknowledging the patient’s right to record for personal use.
• Explain the importance of confidentiality, especially if other patients or staff could be inadvertently recorded.
• Request that the patient informs the clinician if they intend to share the recording, so that any necessary data protection considerations can be addressed.
• Document the fact that a recording was made in the patient’s medical record, if appropriate.

If a clinician is uncomfortable with being recorded, they can discuss their concerns with the patient and seek to reach a mutual agreement. However, refusing care solely on the basis of a patient’s wish to record is unlikely to be appropriate.

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