Photos, Filming, and Recording
Policy
All photography, filming, or audio recording within our facility must comply with:
Clinicians taking photos, filming, or recording for clinical reasons must also comply with the Health Information Privacy Code 2020.
Patients must obtain the clinician's consent before recording/photographing a consultation. Recording or photographing another person or their private information without consent breaches the Privacy Act 2020.
Recording or photography is not permitted within public areas of the building, e.g. the reception area. We alert patients to this with signage in our reception area.
Clinicians taking clinical photos, filming, or recording
Clinicians must collect, use, and dispose of clinical photos or recordings in accordance with the Health Information Privacy Code 2020.
Clinicians must first obtain the patient's consent. Explain:
- why taking a photo, video, or recording is necessary
- how it will be used.
Photos, videos, and audio recordings must be used for the purpose they were collected and not shared with anyone else without the patient's consent.
During a consultation:
- Consider the purpose – is it necessary?
- Use the practice camera – do not use a personal device.
- Delete photos, videos, or audio recordings from devices immediately after saving them in the clinical record.
Patients have the right to request a copy of any photo, video, or audio recording as it forms part of their health records.
See also Safeguarding Patient Information, IT Security, Telehealth.
Patients taking photos, filming, or recording
Patients are increasingly asking to record or film consultations on their phones or other devices.
In some circumstances, permitting filming or audio recording may be beneficial. For example, to help a patient remember or understand what has been discussed, or to involve the patient's family/whānau in their health care.
Patients may also wish to record a consultation that has a medicolegal purpose, e.g. an insurance or ACC claim so they have a record.
If you have agreed to allow a patient to record their consultation, consider asking the patient's agreement to make your own separate recording.
If refusing a request to film or record:
- explain your reasons or concerns
- ask the patient's reason in case it affects your decision.
For more information about patients filming or recording, refer to the Medical Protection factsheet Recording Consultations.
Covert recordings
As a matter of courtesy, anyone should obtain permission before taking photos, filming, or recording another person in a private space. However, covert recordings could occur at any time. Covert recordings may breach the Privacy Act 2020, but this is unlikely as it is the patient's own health information being recorded.
The best approach is to assume that any consultation could be recorded, and conduct all consultations with this in mind.
Although clinicians have a reasonable expectation of privacy, there is unlikely to be any legal recourse if a patient has covertly recorded their consultation.
Discuss your concerns with the patient and try to 
agree a way forward that rebuilds trust.
If other patients or their private information is seen or overheard in a photo, video, or audio recording, follow the procedure to manage a privacy breach.
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