Regulating doctors, ensuring good medical practice

Patients protected from recordings that invade their privacy

Press Release

18 Apr 2011

Making covert recordings of patients and using mobile phones to record consultations are two areas covered in new guidance from the General Medical Council.

Doctors often face a number of dilemmas when making recordings of patients, this revised guidance should help them make the right decisions.

Ros Levenson, Chair of the GMC's Standards and Ethics Committee

The duty to get consent in advance of making recordings is emphasised in the new guidelines that all doctors have to follow.

Making and using visual and audio recordings of patients sets out what doctors must do when recording patients for any purpose, including treatment, research, education or public media.

TV and radio production teams who record patients should also be aware of the revised guidance, as doctors involved in a programme have a duty to make sure patients’ rights to privacy and confidentiality are properly protected  and be satisfied that consent has been obtained in accordance with the guidance.

Dr Laxmi Kathuria is in her third year of psychiatry specialist training. This year, she has been working on a television series focusing on body image:

“Before filming began, I made a conscious decision to read and fully understand the GMC’s guidance on making recordings. I found it extremely helpful as it served as a pertinent reminder that I am primarily a professional working under a code of practice and have a duty of care for each patient being filmed.”

“There is no doubt that the media will also benefit from reading the updated guidance as it will allow them to see the bigger picture from different perspectives and potentially avoid any problems that might otherwise arise.”

The availability of digital recording equipment means that making images of patients is becoming easier. This will benefit clinical care as well as teaching and research. Making images and recordings of patients can raise complex legal and ethical issues, however. This guidance will help doctors to understand how recordings can be used in all situations from giving a presentation to colleagues to taking part in broadcast programmes.

Reflecting mental capacity legislation, the updated guidance makes clear that doctors must not make recordings of patients who lack capacity to give consent unless it is in their best interests or of benefit to them.

The revised guidance is in line with all relevant legislation that has come into force across the UK since the previous guidance was published in 2002 (1).

Ros Levenson, Chair of the GMC's Standards and Ethics Committee, said:

“Doctors often face a number of dilemmas when making recordings of patients and it can be difficult to strike a balance between supporting training, education and research and protecting the best interests of their patients. The increase in using new technologies, such as camera phones and webcasts, can make this even more challenging. This revised guidance should help them make the right decisions.”

The guidance can be accessed via the GMC's website: www.gmc-uk.org/recordings  (note: new guidance will go live on Monday 15 April)

Notes to Editors:

Making and using visual and audio recordings of patients will come into effect on 9 May 2011. It deals with consent and confidentiality issues for a range of purposes, including diagnosis and treatment, teaching, research or filming or recording for broadcast on radio or television.

(1) Since this guidance was last reviewed in 2002 there have been significant changes in the law throughout the UK, as well as reviews of GMC guidance on consent and confidentiality.

Legislation includes:

  • Data Protection Act 1998 (UK-wide),
  • Freedom of Information (England, Wales, Northern Ireland) Act 2000,
  • Freedom of Information (Scotland) Act 2002,
  • Mental Capacity Act (England and Wales) 2005,
  • Adults with Incapacity (Scotland) Act 2000,
  • In Northern Ireland, there is currently no relevant primary legislation, and decision making for patients without capacity is governed by the common law. At the time of publication, a legislative framework for new mental capacity and mental health legislation is being developed.
  • The Human Tissue Act (England, Wales, Northern Ireland) 2004,
  • Human Tissue (Scotland) Act 2006,
  • Regulation of Investigatory Powers (England, Wales, Northern Ireland) Act 2000,
  • Regulation of Investigatory Powers (Scotland) Act 2000.
  • The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000

For further information please contact the Media Relations Office on 020 7189 5454, out of hours 020 7189 5444, email press@gmc-uk.org

http://www.gmc-uk.org/.

The General Medical Council registers and licenses doctors to practise medicine in the UK. Our purpose is summed up in the phrase: Regulating doctors, Ensuring Good Medical Practice.

The law gives us four main functions:

  • keeping up-to-date registers of qualified doctors
  • fostering good medical practice
  • promoting high standards of medical education and training
  • dealing firmly and fairly with doctors whose fitness to practise is in doubt