Patient Asks You to Delete Their Photo: How to Respond
Quick facts
- Right
- Data subjects can request information, correction and, in certain cases, erasure of their data.
- Limit
- Erasure coexists with the duty to keep the medical record for the required period.
- Marketing use
- A photo used in marketing must be removed once the patient withdraws authorization.
- Response
- Log the request, assess what can be deleted, reply in writing and include backups.
"I'd like my photos deleted." The message arrives without warning, sometimes years later, and the first reaction is alarm. There is a duty to keep the medical record, there is the patient's right to decide about their data, and nobody knows which one weighs more. The answer is that each photo has its own nature, and the path changes accordingly.
This page lays out the reasoning and the workflow for handling the request. It does not replace legal advice: for a specific case, consult a lawyer and the rules of your professional council.
What does the LGPD say about the request?
The LGPD (Brazil's General Data Protection Law) gives data subjects rights over their data, including information about processing, access, correction and, in certain cases, erasure. These rights are not absolute: there are situations in which the law allows or requires retention, such as compliance with a legal or regulatory obligation. The medical record is a typical case.
In practice, the patient's request obliges the clinic to assess and respond, not necessarily to delete everything immediately.
Each type of photo is handled differently
| Type of photo | Situation | Usual approach |
|---|---|---|
| Medical record photo | Part of the care record | Keep for the required period; explain to the patient; restrict access |
| Marketing photo (website, social media, materials) | Based on consent | Remove once consent is withdrawn |
| Photo in a lecture or presentation | Based on specific consent | Remove from future versions; assess what was already presented |
| Stray copies (phone gallery, messages) | No clear purpose | Delete; they are unnecessary duplicates |
| Backups | Replica of the above | Erase in the next cycle when erasure applies |
| Projection in the app | Simulation made from the photo | Review the history and delete if appropriate |
Step by step for handling the request
- Receive and log the request, with date and channel (message, email, in person).
- Confirm the identity of the requester, so you do not hand over or delete another person's data.
- Map where all the copies are: medical record, computer, phone, cloud, backups, social media, printed materials, apps.
- Classify each copy according to the table above.
- Delete what has no basis for retention.
- Keep what the medical record rules require, with restricted access.
- Reply in writing to the patient, stating what was deleted, what was kept, why, and for how long.
- Record everything in the medical record and in the clinic's data protection routine.
What about the deadline to respond?
The LGPD sets deadlines for some responses to the data subject, and regulations may add detail. Do not promise a specific deadline without checking the current rule. As good practice, acknowledge receipt quickly and say when the request will be completed. If there is any legal doubt, consult a lawyer.
How do you talk to the patient?
The request usually comes from discomfort: they saw a photo, changed their mind, had a problem. Welcoming the request and explaining clearly avoids conflict.
See the care side in patient asks to delete their photos and the withdrawal of marketing use in separate consent to publish images.
The role of prior organization
A deletion request is much simpler when the clinic already knows where the photos are. Those who keep everything in one place, with folders by patient and purpose, solve it in minutes. Those with photos on staff phones, in chats and in personal cloud accounts need days and still risk missing copies. Read storing patient photos, backing up clinical photos and photo retention in the medical record.
What about photos already sent to third parties?
If the photo was shared with another professional, a manufacturer or a partner, assess what can be requested back. Inform the third party about the patient's request, when it makes sense, and record it. See sharing a photo with another professional and sending a photo to the manufacturer.
What changes if the patient used Harmy?
In Harmy, sessions are kept in the history by patient, and the photo is sent to a third-party AI to generate the projection, with the professional's consent in the app. When you receive a deletion request, include the app history in your mapping: assess what to delete from that patient's sessions and check what the clinic keeps outside the app. The account can be deleted inside the app, but deleting a specific session and the copies outside it remain the clinic's responsibility.
Summary for your routine
Log the request, map the copies, delete what has no basis for retention, keep what the medical record rules require, reply in writing and document. Those who get organized beforehand respond faster and more safely. For the big picture, see consent and LGPD in patient photos.
Frequently asked questions
Can the patient demand that I delete their photos?
They can ask, and the LGPD (Brazil's data protection law) provides a right to erasure in certain situations. But photos that are part of the medical record may have to be kept for the required period. Assess each case and reply in writing.
What if the photo is published on my Instagram or website?
If the publication was based on the patient's consent and they withdrew it, remove the content within a reasonable time. Confirm to the patient what was taken down.
Do I also need to delete it from backups?
When erasure applies, yes, in the next backup cycle. Define and record how long old copies are kept.
Can I refuse to delete the photo from the medical record?
You can keep what the medical record rules require, explaining the reason and the period to the patient. Anything that does not depend on that obligation, such as marketing use and unnecessary copies, should be deleted.
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.