All patients have the right to decline, and therefore must have the opportunity to give, informed consent for medical photography. This must be documented in order to comply with the Caldicott recommendations on data protection and patient confidentiality, and in doing so meet clinical standards of care. If confidentiality is breached, or consent is not obtained, the legal charge would be trespass to the person.
Digital image technology has advanced considerably in recent years and it has never been simpler to capture digital images or send them around the world. This new technology can bring tremendous benefits to healthcare but, if used inappropriately, will compromise patient confidentiality and increase the risk of litigation to the health providers. It is now time to assess the risks and agree safeguards which will promote the safe use of digital technology in the healthcare environment.
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