How should I respond if a patient records our conversation without permission?

Situation

During a routine face to face consultation, I noticed that the patient placed their mobile phone on the desk with the camera open and recording our conversation. The patient didn’t ask me for permission to record, I felt uncomfortable and worried that the recording could potentially be shared or misused. 

Regulatory guidance 

The GMC’s guidance on Making and using visual and audio recordings of patients emphasises the importance of transparency, consent, and maintaining trust in the doctor–patient relationship. However, this does not apply when the patient is recording their data. 

MDDUS advice

Patients may choose to record a consultation for a variety of reasons, and whether the recording is made openly or discreetly, it is not considered illegal. 

Doctors should take a sensitive approach in discussing with the patient their reasons for wishing to record the consultation. It is also advisable to request a copy of the recording, explaining that it will be stored as part of the patient’s medical record. 

If a patient uploads the recording to social media, the doctor may understandably feel uncomfortable about their image or details of the consultation being shared publicly. In such cases, the doctor may wish to know what rights and options are available to them.  

As a first step, it is recommended to politely ask the patient to remove the recording and to contact us for further advice specific to the case. 

While not drawn from a real case, this hypothetical example represents a situation that could arise.