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Are we allowed to be recorded?

17/5/2019

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I attended a recent study day, and one of the speakers was from the GMC. The GMC has numerous publications, and it can be challenging to keep up with all the guidance.  We discussed 2 topics, one which I knew nothing about and thought I'd share.

Patients recording NHS staff in health and social care settings

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Click here to download a copy of this guidance.
I did not know any of this!
  • Unlike medical professionals, who are expected by the GMC to obtain patients' consent to make visual or audio recordings, patients do not need their doctor's permission to record a medical consultation or treatment (overt / covert; video / audio).
    • ​​While a patient does not require permission to record their consultation, common courtesy would suggest that permission should be sought in most cases. 
  •  Patient recordings which are made either covertly and overtly in order to keep a personal record of what the doctor said are deemed to constitute personal ‘note taking’ and are therefore permissible.
  • The position may, however, change once a recording is no longer used as a record of the consultation, for example where the recording is disclosed or publicised in a modified way which is not connected to the consultation. 
    • ​​​Any such disclosure or publication, depending on the nature and context, may attract a civil action for damages and may also be a criminal offence. ​​

Doctors' use of social media

This is an important guide to be aware of, as social media is increasingly becoming more and more part of our daily practice. The use of social media is not limited to Facebook! There are very few teams now that do not make use of a messaging app, and we should make sure we maintain patient confidentiality.
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Click here to read the full guidance.
  • Social media include blogs and microblogs (such as Twitter), internet forums (such as doctors.net), content communities (such as YouTube and Flickr), and social networking sites (such as Facebook and LinkedIn)
  • The standards expected of doctors do not change because they are communicating through social media rather than face to face or through other traditional media. 
  • Using social media has blurred the boundaries between public and private life, and online information can be easily accessed by others. You should be aware of the limitations of privacy online and you should regularly review the privacy settings for each of your social media profiles
There are many new apps available marketing themselves as "NHS compliant", "GMC compliant" for communication use between clinical teams.  They may well replace the bleep / referral system one day! 
Have a look:
https://www.siilo.com/
https://forwardhealth.co/
https://www.hospify.com/
​
These may well be a better option than WhatsApp...
NBothma
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