AI With Patient Photos: Consent in the Clinic
Showing the patient a simulation of what the plan aims to achieve helps the conversation. But to generate that image, a photo of their face has to leave the professional's phone and be processed by a third-party artificial intelligence tool. That path of the image is exactly the point where the patient has the right to know and to decide.
This guide explains what to tell the patient, how to record the acceptance and what to keep, with a base notice text you can adapt with legal help. It is not legal advice: the LGPD (Brazil's data protection law), your professional council's rules and the contract with the tool are what govern, and they vary by case.
Why does a face photo call for extra care?
An image of the patient's face, in the context of a health clinic, is usually treated as sensitive personal data, because it reveals health-related information. In addition, the face can be facial biometric data when used to identify someone. In both cases, processing requires a clear justification, a defined purpose and attention to security.
When the photo is sent to an external tool, a third party enters the picture: a company that receives and processes the image. The patient needs to know this beforehand, and the professional needs to know what the tool does with the photo (whether it stores it, for how long, whether it uses it to train models). See consent and LGPD for photos and LGPD consent for patient photos.
What does the patient need to know before accepting?
A good notice answers seven questions in plain language:
| Question | Example answer |
|---|---|
| What will be done? | The front photo will be used to generate a simulated image of the plan |
| Why? | To help the patient understand and discuss the plan with the professional |
| Where does the photo go? | To a third-party artificial intelligence tool |
| What does the tool do? | It processes the image to generate the simulation; check its policy |
| For how long? | The clinic's retention period and the disposal rules |
| Who sees it? | Only authorized staff; the patient shares it only if they want to |
| What if I refuse? | Care continues as usual, without the simulation |
They also need to understand that the image is an illustrative simulation, not a promise of results. See illustrative simulation and limits of visual simulation in the consultation.
Base text for the notice and acceptance
The template below is a starting point. The final version should be reviewed by whoever handles the clinic's legal matters and adjusted to the tool actually used.
How to record the acceptance
The acceptance doesn't need to be complicated, but it must be provable. Good practices:
- Record it in writing (paper or digital signature of forms), with date and name.
- Keep it with the patient record, in a place with restricted access.
- Note who collected the acceptance and the tool that was named.
- If the patient accepts only part of it (for example, simulation yes, publicity no), record exactly that.
- Keep the history if the patient changes their mind later.
Avoid relying only on "they said it was fine" in a stray WhatsApp message. If you use a message, save the record in the patient record. See patient records and documentation in HOF.
Minors, companions and special cases
For a patient who is a minor, the acceptance comes from the legal guardian, and the minor should take part in the conversation according to their age. In any case involving a minor, take extra care and check the professional council's rules on treating them. See the guardian authorization template for minors.
A photo of a companion who appears in the background, or an image of a third party, should not be used. Ask only for the patient's photo, against a neutral background. See camera and lighting for clinical photos.
After the simulation: disposal and retention
Consent doesn't end at the click. Define with your team:
- Where the photo is stored (and who has access).
- For how long, considering the patient record rules.
- How it will be disposed of when there is no longer a reason to keep it.
- What to do if the patient asks for deletion or withdraws consent.
See disposal of patient photos and data and LGPD data protection officer in the clinic.
Common mistakes
- Sending the photo to a tool without telling the patient.
- Using the generic registration form as if it covered everything.
- Sending the photo through personal channels, with no control.
- Not knowing whether the tool stores or reuses the image.
- Using the simulation in a post as if it were a result.
- Leaving patient photos in an open phone gallery.
- Forgetting to record the refusal, which also deserves respect.
How Harmy fits in
In Harmy, the professional confirms in the app the acceptance to send the photo to the third-party AI before generating the projection. The face contours are calculated on the device and are not stored. The app generates the image from a single front photo and puts the simulation notice on the shared material. This does not replace the patient's consent: the professional's acceptance in the app is one thing, the patient's acceptance at the clinic is another, and the second remains yours to request and record.
Summary
Before using the patient's photo in AI, explain where it goes, why, for how long and that the simulation is not a promise. Record the acceptance in writing, respect refusal and protect the data afterward. That way, the feature enters the consultation without creating unnecessary risk.
Frequently asked questions
Do I need consent to use a patient's photo in an AI tool?
Generally yes, and a specific one: the patient must know the photo will be sent to a third-party tool, for what purpose and for how long. The exact legal basis depends on the case and should be confirmed with legal counsel.
Does the consent on the registration form cover AI use?
Hardly, if the wording is generic. The ideal is a specific notice, in plain language, that mentions sending the image to an AI tool and the purpose of the simulation.
Can the patient refuse and still be treated?
Yes. The simulation is an optional aid, not a condition for the assessment. Anyone who refuses should be seen as usual, without any awkwardness.
How do I record the acceptance?
In writing, with the date, the patient's name, a description of what was accepted and the identity of who collected it. It can be on paper or a digital signature, kept in the patient record with restricted access.
Is a face photo sensitive data under the LGPD?
A face photo in a health context is usually handled with the caution of sensitive data, and the face can also be biometric data when used to identify someone. Always handle it with clear consent and restricted access.