Covert recording of consultations by patients.

Patients Recording Consultations

Patients are legally allowed to record consultations with their GP for personal use, and this does not breach GDPR rules. While covert recordings can feel intrusive and undermine trust, practices cannot legally prevent such recordings. Patients may even share recordings publicly, though any defamatory content could result in legal repercussions.

Developing a Practice Policy

It is advisable for practices to develop a clear policy on recording consultations. Such a policy can:

Explicitly permit patients to record consultations for personal use, recognising benefits like improved understanding of complex information or language barriers.

State that covert recordings breach trust and are discouraged. Patients engaging in this behaviour can be informed that continued breaches may lead to deregistration.

Reception Areas and Shared Spaces

Practices should also consider signage or guidance for reception areas and other shared spaces. This can remind patients that recording where other patients are present could infringe on others' privacy, contravening data protection rules.

Communication with Patients

You may wish to inform patients of the practice's recording policy during registration or when a recording is identified. However, proactively publicising the policy risks normalising the behaviour among patients who might not have considered it otherwise.

For further reading, please consult:

Practices are encouraged to handle these situations sensitively, balancing patients’ rights with the need to maintain trust and confidentiality.