Consent for Clinical Video and Storage
Quick facts
- How video differs
- Captures face, voice, way of speaking and moving, which makes the person highly identifiable.
- Consent
- Specific to video, with purpose, access, term and the right to refuse.
- Storage
- Large files carry more risk; they need a secure location, encryption and a defined term.
- Publicity
- Requires its own authorization, separate from the medical record.
Video has entered the routine of orofacial harmonization for good reasons: capturing facial dynamics, speech, the smile and the expression that a still photo misses (see clinical video of the patient and video to assess facial dynamics). But video is heavier data than a photo, and the consent has to match that difference.
What does video capture that a photo does not?
Besides the image of the face, video records:
- The voice, which identifies the person by itself;
- The way of speaking and moving, including tics and typical expressions;
- The context, such as the office, what is said about the patient and what they say;
- Health information said aloud, such as concerns, medications and history.
For this reason, video tends to be more identifiable than a photo, and the risk of a leak is greater.
What does the LGPD suggest?
The LGPD (Brazil's General Data Protection Law) treats image and voice as personal data. In a health context, video may be treated as sensitive data and, if used to identify the person by face or voice, it falls under biometric data, with stricter rules. The principles that apply are the usual ones: purpose, necessity, transparency and security.
This translates into a few practical actions:
- Specific consent for video, separate or with its own clause in the treatment form.
- Restricted purpose: if the video is for clinical assessment, do not use it later for something else.
- Limited access to those who take part in the care.
- Defined retention term and location.
- Respect for refusal, without affecting treatment whenever possible.
For your specific case, consult a legal professional and check your professional council's norms in Brazil.
What should the video form contain?
This is supporting text. The final form should be reviewed by a legal professional, according to your professional council's norms.
How do you store videos?
Videos have characteristics of their own that call for extra attention:
| Precaution | Why it matters |
|---|---|
| Secure, restricted location | The file is large and tends to be forgotten in the phone gallery |
| Encryption | Voice and image together increase the impact of a leak |
| Space and backup | Heavy files are the first to be deleted "to free up memory" |
| File name without stray data | The patient's name in the file exposes everything if the file leaks |
| Defined term | Avoids keeping forever something that only served for one assessment |
| Access log | Knowing who opened the video helps if there is a problem |
More details in storing patient photos and backing up clinical photos, which also apply to video.
When does video require separate authorization?
Whenever the use leaves the medical record. Some examples:
- Publicity on a website, social media or marketing material;
- Teaching, such as a lecture, course or conference;
- Scientific publication;
- Sharing with a manufacturer or a colleague outside the care.
Each use has its own purpose, and the consent should follow. For publicity, see separate consent for publishing images and what you may advertise: CFO and CONAR.
What should you tell the patient?
What about Harmy?
Harmy works with one front-facing photo per session and does not use video. The photo is sent to a third-party AI to generate the projection, with the professional's acceptance in the app, and the result is an illustrative simulation. If the clinic also records video, the video consent is independent and should follow the rules on this page.
Summary for your routine
Treat video with more care than photos: specific consent, restricted purpose, encrypted storage, limited access, a defined term and its own authorization for any publicity. Record everything with the chart.
Frequently asked questions
Do I need specific consent to record video of the patient?
It is the safest practice. Video captures image, voice and movement, and the patient should know what it will be used for, who will see it and how long it will be kept. Follow your professional council's norms and the LGPD.
Is the patient's voice personal data?
Yes. The voice identifies the person and, together with the face, makes video more identifiable than a photo. In a health context, video may be handled with the care of sensitive data.
Can video be biometric data?
It can, depending on use. If the video is processed to identify the person by facial or voice features, it falls under biometric data, with stricter rules. If in doubt, consult a legal professional.
Can I post the procedure video if the patient consented in the form?
Only with a specific, clear and revocable authorization for publicity, and if the content complies with your professional council's advertising rules. The treatment consent form does not cover this.
Harmy images are illustrative simulations generated by AI from the patient's photo to support the conversation between practitioner and patient. They are not a promise of results. Indication, technique, product and volume are solely the decision of the licensed practitioner. This content is for information only and does not replace a clinical assessment.