Adults who lack capacity

45. You must consider as separate issues making recordings of adults who lack capacity, and using or disclosing such recordings. When deciding whether to make a recording for use in widely accessible public media, you must follow the guidance in paragraphs 31-32.

46. Recordings of adult patients who lack capacity that have been made in accordance with the legal requirements set out in paragraph 31 may be disclosed for use in the public media, where this can be justified in the public interest. Where a person has legal authority to act on behalf of the patient, they will need to assess and decide whether disclosure is justified in the public interest. Where no person has legal authority to make this assessment,  you must follow the guidance in paragraph 16.