1) Does your Trust allow patients and / or their nominated representatives to make audio recordings of their appointments and / or consultations with a member of staff when they ask the staff member if it is acceptable to do so?
A) YES
2) Could you please provide the name(s) of the policy / policies and a copy of the specific section of the policy / policies that is used to inform staff of the policy / policies when a patient and / or their nominated representatives requests to audio record their appointment / consultation?
A) We do not currently have a policy but are in the process of creating one
3) Does your Trust allow patients and / or their nominated representatives to make video recordings of their appointments and / or consultations with a member of staff when they ask the staff member if it is acceptable to do so?
A) Yes
4) Could you please provide the name(s) of the policy / policies and a copy of the specific section of the policy / policies that is used to inform staff of the policy / policies when a patient and / or their nominated representatives requests to video record their appointment / consultation?
A) We do not currently have a policy but are in the process of creating one
5) Does your Trust allow patients and / or their nominated representatives to make audio recordings of their appointments and / or consultations with a member of staff without informing the member of staff about it (i.e. a covert recording)?
A) Yes, however we would encourage any patient or their nominate representative that wished to make a covert recording to discuss it with the member of staff as we allow patients to make recordings
6) Could you please provide the name(s) of the policy / policies and a copy of the specific section of the policy / policies that is used to inform staff of the policy / policies if they discover a patient and / or their nominated representatives has audio recorded their appointment / consultation covertly?
A) We do not currently have a policy but are in the process of creating one
7) Does your Trust allow patients and / or their nominated representatives to make video recordings of their appointments and / or consultations with a member of staff without informing the member of staff about it (i.e. a covert recording)?
A) Yes, however we would encourage any patient or their nominate representative that wished to make a covert recording to discuss it with the member of staff as we allow patients to make recordings
8) Could you please provide the name(s) of the policy / policies and a copy of the specific section of the policy / policies that is used to inform staff of the policy / policies if they discover a patient and / or their nominated representatives has video recorded their appointment / consultation covertly?
A) We do not currently have a policy but are in the process of creating one
9) Should your Trust’s policies not allow patients and / or their nominated to make audio and / or video recordings (having informed the member of staff and / or covertly) of their appointments and / or consultations could you please provide a copy of your Trust’s policies regarding what procedures should be followed by both members of the Trust’s staff and the patient and / or their nominated representatives where there may be a specific need for the patient and / or their nominated representatives to audio and / or video record their appointments and / or consultations (e.g. medical issues such as dementia, the patient having nobody available to act as an advocate for them or any other need identified by the patient and / or their nominated representatives)?
A) N/A
10) Could you please provide a copy of the impact assessment undertaken of the policy / policies cited in response to question 9?
A) N/A
11) Should your Trust’s policies not allow patients and / or their nominated representatives to make audio and / or video recordings (having informed the member of staff and / or covertly) of their appointments and / or consultations could you please provide a copy of the information that staff can give to the patient and / or their nominated representatives explaining why it is not allowed?
A) N/A
12) Should your Trust’s policies state that it is for the staff member to decide whether they are prepared to allow appointments and / or consultations to be audio and / or video recorded by the patient and / or their nominated representatives could you please provide the name(s) of the policy / policies and a copy of the specific section of the policy / policies that states what procedures should be followed by both members of the Trust’s staff and the patient and / or their nominated representatives when the member of staff states they are not prepared to be audio and / or video recorded but the patient and / or their nominated representatives are insistent on doing so?
A) N/A
13) Should your Trust have no policy regarding the situations as detailed in questions 1, 3, 5, 7, 9 or 12 could you please detail what procedures should be followed by both members of the Trust’s staff and the patient and / or their nominated representatives should any of the situations detailed occur?
A) We are currently in the process of creating a policy for patients and/or their representatives who may wish to record their appointments/consultations.
Patients can video/record their consultations at ELHT however, permission should be sought from all staff members and people present and we advise that this is documented in the casenotes.
We also advise that the recording should only be used for personal use and should not be shared on any social media platform without the permission of everyone present.
We are in the process of producing signage within clinic areas to encourage patients to be open about the recording/filming of consultations etc. to prevent the need for covert recordings taking place.
This abides with;
General Data Protection Regulations (GDPR)
The recording of a consultation is likely to constitute processing of personal data under the DPA and as such it has to comply with the provisions of the GDPR. There is an exemption in the DPA where personal data is processed by an individual for their own personal purposes. In such cases, the ‘processing’ does not engage the data protection principles of the act (the ‘domestic purposes’ exemption). However further processing would have to comply with the DPA.