LGPD Consent for Patient Photos in Orofacial Harmonization

Photographing the patient is routine in orofacial harmonization (HOF): recording the starting point, planning, follow-up. But the image of a face, linked to a health treatment, is sensitive personal data, protected in Brazil by the General Data Protection Law (LGPD). That does not rule out the photo: it requires the clinic to have a clear purpose, proper authorization and care with storage and use.

The central point of this guide is simple: patient record and advertising are different purposes, and each one needs its own treatment. Here you will see how to organize this in practice, what to record, how to handle revocation and how to store the images. It does not replace legal advice. For the concept, see the glossary entry LGPD and the page consent and LGPD in photos.

Why is a photo sensitive data?

The LGPD treats health data as sensitive. A photo of a face, taken in the context of a treatment, reveals health and identifies the person. If it is also used for facial recognition or biometric processing, the care required is even greater. That is why the clinic needs to:

• know why it photographs;
• inform the patient;
• protect the image;
• limit use to the agreed purpose;
• delete it when there is no longer a reason to keep it.

See also LGPD in the clinic's patient records and photos and LGPD in the clinic's marketing.

Which purposes should be separated?

The main separation is between clinical use and advertising use. Each purpose has different consequences:

The patient must be able to accept one purpose and decline another without it affecting their care. See image authorization for the patient record only and image authorization for advertising: how to bring it up.

What should a good image form contain?

Review it with a lawyer, but in general the form should include:

There is a patient image use form template that serves as a starting point, to be adapted. For minors, authorization follows its own rules. See image authorization for a minor and the guardian authorization template.

How do I ask for authorization in practice?

How you ask matters as much as the paper. Ask the question clearly, separately from everything else and without pressure.

Avoid asking for the advertising authorization at the moment of greatest vulnerability, such as right before the procedure. See asking the patient for image authorization and patient refuses to authorize image use.

How do I handle revocation of consent?

The patient may withdraw authorization for the purposes that depend on it, such as advertising. The clinic needs to be prepared:

1. A simple channel for the request.
2. A record of the date and the request.
3. Removal of the image from the media the clinic controls (website, social media, materials).
4. A reply to the patient, confirming what was done.
5. Clear limits: what has already been printed or shared by third parties may be subject to limitations, and this should be stated in the form.

Revoking use for advertising does not necessarily erase the image that is part of the patient record, which follows the retention rules. Explain the difference to the patient. See patient wants to revoke image authorization and patient asks for photos to be deleted.

How do I store and protect the photos?

• A defined location: the clinic's system with access control, not the personal phone gallery.
• Restricted access to those who need it, with a log.
• A protected backup.
• Avoid messaging: do not send photos through unprotected personal channels. See sending a patient photo by WhatsApp and LGPD.
• Retention period according to the record rules. See retention period for patient records in HOF.
• Secure disposal at the end of the period. See disposal of patient photos and data.
• Incident plan: what to do if a photo leaks. See data protection officer (LGPD) at the clinic.

What about using AI with the patient's photo?

Tools that process the photo on third-party servers require clear information to the patient and authorization from the professional. See AI with patient photos and consent. In Harmy, the frontal photo is sent to a third-party AI to generate the projection, with the professional's acceptance in the app, and the face contours are calculated on the device and are not stored. This does not replace informing the patient: you must explain that the image is processed by a tool.

And on social media: can I use the projection or the patient's photo?

Patient before and afters in advertising are restricted by advertising rules, and the patient's authorization alone does not resolve that limit. Never publish the projection as if it were a result. See what can be advertised (CFO and CONAR) and limits of visual simulation in the consultation.

What is the step-by-step plan to get the clinic in order?

What questions should the team know how to answer?

Reception and assistants need to know how to calmly answer questions such as: "what do you use my photo for?", "who sees it?", "can I ask for it to be deleted?", "are you going to post it?". Train simple, honest answers and make clear who at the clinic handles the more complex questions. A patient who sees transparency trusts more, signs with greater awareness and tends to become an advocate for the clinic. Record the most frequent questions and use them to improve the form and the communication.