Adults with capacity - making recordings for secondary purposes

1. 24. You must get consent before making recordings for teaching, training, the assessment of healthcare professionals and students, research or other healthcare-related purposes. It is good practice to get the patient’s written consent, but if this is not practicable, the patient’s oral consent should be obtained. Written consent or a record of oral consent should be stored with the recording.
2. 25. Recordings will vary from simple photographs to visual and audio recordings of consultations involving discussion of personal and emotional issues. The amount of information you should provide before seeking consent will vary according to the nature of the recording, what it will be used for, and the concerns of the individual patient. Before making the recording, you should explain:

• the purpose of the recording and how it will be used
• how long the recording will be kept and how it will be stored
• that patients may withhold consent, or withdraw consent during or immediately after the recording, and this will not affect the quality of care they receive or their relationship with those providing care.

1. 26. You should give this information to patients in a way they can understand. You must answer any questions the patients asks as honestly and as fully as you can.  You should provide any additional support patients need to understand this information, to communicate their wishes or to make a decision. Further advice is available in Consent: patients and doctors making decisions together.¹⁴
2. 27. In some cases, although no recording has been planned, a recording of an unexpected development during treatment or an investigation would make a valuable educational tool (an unplanned recordings). Where the patient has capacity to consent, you should seek their agreement to make the recording. You should stop the recording if the patient asks you to do so. You must not make recordings for secondary purposes without consent or other legal authorisation.