How to ask the patient for image use authorization

Asking to use a patient's image is one of the most delicate moments in the relationship. Done badly, it feels like a demand. Done well, it shows respect and builds trust. The problem is that many requests are improvised: in the middle of the procedure, alongside the clinical form, with the patient lying down and anxious.

This guide shows the moment, the words, and the document for asking for image authorization in an ethical, clear, and comfortable way.

Why does the request need care?

The image of the face is personal data, and the LGPD (Brazil's data protection law) requires free, informed, and specific consent to process it. When it allows a person to be identified, it falls under facial biometric data and sensitive data, which reinforces the duty of care. In practice, the authorization is only valid if the patient had a real option to say no.

For the full legal view, read consent and LGPD in photos and what you can advertise (CFO and CONAR). In Brazil, the CFO (Federal Council of Dentistry) and CONAR (the advertising self-regulation body) set limits on advertising. This page covers the conversation side.

When to ask?

Timing changes everything. Requests made under pressure are not free. A simple rule: the more vulnerable the patient, the further from the request.

If the goal is to publicize the result, the natural moment is after it has settled, as in follow-up with a satisfied patient. If the patient is dissatisfied, it is not the time to ask.

How to ask in words?

The request should contain four elements: what, what for, where, and the freedom to say no. In one sentence:

Notice what the sentence does not contain: no benefit in exchange, no insistence, and no urgency. The patient can answer now or take it home to think.

What not to do

Also avoid asking for a general, open-ended authorization ("for any use"). It is fragile and hard to defend. Prefer to be specific.

What should the document contain?

The authorization form is separate from the clinical consent. In general, it includes:

See the glossary entry image use consent form and the pages on separate consent for image publicity and image authorization for publicity: how to talk about it.

What if the patient hesitates?

Hesitation is an answer. Treat it as a "not for now." Do not insist, and do not repeat the request at the next visit unless the patient shows openness.

If they refuse, the approach is in patient refuses to authorize image use. If they authorize and later change their mind, see patient wants to revoke image authorization.

What about minors?

For minors, the authorization depends on the legal guardian, with additional safeguards. The topic has its own page: image authorization for minors.

Does the simulation also need authorization?

The simulation is an image of the patient's face and deserves the same care. Showing it in the consultation is a care use; publishing it, even as a "simulation," is publicity and requires authorization. And never present the simulation as if it were a real result. See safety of patient images in the simulation.

What should you record?

File the signed form with the patient record or in the administrative archive, and note the date of the request, the channel, and the duration. If the patient refused, record that too, so the team does not post by mistake. Finally, review the list of authorizations periodically, because terms expire and patients change their minds.

How to handle the request when the team makes it?

Often the one asking for authorization is the front desk or the marketing person, not the professional. That is possible, as long as the approach follows the same rules: no pressure, a clear explanation, and a real possibility to refuse. Train whoever talks to the patient, provide a standard phrase, and make clear that the answer changes nothing about the care.

Also avoid asking for authorization through a messaging app with a long text and an accept button nobody reads. The form should be read, understood, and signed with time. If there is doubt about the validity of the format, consult a lawyer.