NHS England has not produced guidance specifically for general practices on the covert recording of consultations. NHS England has published guidance on the use of mobile devices by patients in hospitals, which signposts to the British Medical Association guidance on managing covert recordings. Both of these guidance documents are available, respectively, at the following two links:

https://digital.nhs.uk/data-and-information/information-governance/guidance/use-of-mobile-devices-by-patients-in-hospitals#guidance-for-health-and-care-professionals

https://www.bma.org.uk/advice-and-support/ethics/confidentiality-and-health-records/patients-recording-consultations

There is also advice available from the Medical Defence Union and from local medical committees to assist general practices in developing policies for their own practices.

As set out in Pathways to Work, we will be introducing audio recording as standard for all health assessments. If, for whatever reason, a customer does not want their assessment recorded, they are able to opt out at any time.

I refer the Hon Member back to the answer given in UIN 103308.

Transcription services are available for all Crown Court cases. We are exploring the potential use of AI to produce transcripts more quickly and cost effectively.

As recommended by Sir Brian Leveson in his Independent Review of the Criminal Courts, the Government will introduce audio recording equipment in magistrates’ courts. This measure supports our changes to the appeals process in magistrates’ courts, to mirror the current process in the Crown Court, which will ensure that victims and witnesses are no longer required to go through the trauma of a full re-hearing.

All UK organisations processing personal data must comply with UK GDPR and the Data Protection Act (DPA) 2018. This applies to all technologies, including AI-based life recorders. The UK GDPR and the DPA, are risk-based and technology neutral, ensuring organisations process data lawfully, fairly, and transparently. On data security, the UK has strong safeguards, regulatory oversight, and enforcement to ensure responsible data handling. We continuously assess evolving threats to UK data and will take further action if necessary to protect national security.

The Openness of Local Government Regulations 2014 make provision to allow members of the public to report and commentate on public meetings of local government bodies in England.

Regulation 3 amends the Public Bodies (Admission to Meetings) Act 1960 to allow entry to the meetings of specified local government bodies for the purposes of reporting and to allow the results of the reporting to be publish or disseminated. “Reporting” includes filming and providing commentary on proceedings and allows for the use of a wide range of methods including social media.

The Local Government Act 1972 section 100 prescribes the right of press and public access. The Openness of Local Government Regulation 2014, give rights to members of the press and public to use modern technology and communication methods such as filming, audio-recording, blogging and tweeting to report the proceedings of the meetings of their councils and other local government bodies.

Local authorities, though independent of central government, must act within their statutory powers and comply with legal obligations. It is the statutory role of the Monitoring Officer to ensure the local authority abides by the law, and its own stated policies, at all times.

This behaviour may already be captured by existing offences.

However, we are keenly aware of concerns that have been expressed over the changes in technology, including the misuse of photography, social media, imagery, and the opportunities to abuse and upset others that such developments can bring.

We have therefore asked the Law Commission to review the law in this area to ensure victims are properly protected.

It is important that any changes to the law in such sensitive areas, are thoroughly assessed and fully evidenced.

The review has looked at the question of non-consensual photography in public places, including whether recording and sharing images of breastfeeding should be captured as “intimate” imagery for the purposes of any reformed criminal law.

The Government awaits the Law Commission’s findings with interest and shall consider them carefully.

I refer the hon. Member to my response on 28 June 2021.

Claimants may use their own equipment to record their Personal Independence Payment (PIP) face to face assessment, should they wish to, as stated in the PIP Assessment Guide (PIPAG). Certain devices that are capable of editing, real-time streaming or video recording the session are not approved. Non-approved devices include (but are not limited to) PCs, tablets, smart phones, MP3 players, smart watches, and devices that are not capable of providing a verifiable media copy that can be easily checked during the assessment. Acceptable formats for such recordings are restricted to CD and audio cassette only.

We are currently working with providers to deliver an audio recording service for face to face assessments, which resumed on 17 May 2021, that removes the requirement for the claimant to provide the equipment and we aim to complete this as soon as practically possible.

Following assessment, a complete and accurate copy of the recording will be created for both parties. This will ensure that both the claimant and the department have access to an identical copy of the recorded assessment. It is not possible for the HP to provide the claimant with a copy of the audio recording in an acceptable format at the end of the assessment, however, a copy of the recording will be sent to the claimant following the assessment by secure delivery.

The department has worked closely with both PIP assessment providers to ensure the storage of recordings meet the required DWP Security Standards. Access to recordings in the provider space is strictly limited, monitored and controlled. Those who have access will only do so for the purposes of producing a claimant copy of the recording, for complaint resolution purposes or for benefit decision appeal proceedings.

Claimants may use their own equipment to record their Personal Independence Payment (PIP) face to face assessment, should they wish to, as stated in the PIP Assessment Guide (PIPAG). Certain devices that are capable of editing, real-time streaming or video recording the session are not approved. Non-approved devices include (but are not limited to) PCs, tablets, smart phones, MP3 players, smart watches, and devices that are not capable of providing a verifiable media copy that can be easily checked during the assessment. Acceptable formats for such recordings are restricted to CD and audio cassette only.

We are currently working with providers to deliver an audio recording service for face to face assessments, which resumed on 17 May 2021, that removes the requirement for the claimant to provide the equipment and we aim to complete this as soon as practically possible.

Following assessment, a complete and accurate copy of the recording will be created for both parties. This will ensure that both the claimant and the department have access to an identical copy of the recorded assessment. It is not possible for the HP to provide the claimant with a copy of the audio recording in an acceptable format at the end of the assessment, however, a copy of the recording will be sent to the claimant following the assessment by secure delivery.

The department has worked closely with both PIP assessment providers to ensure the storage of recordings meet the required DWP Security Standards. Access to recordings in the provider space is strictly limited, monitored and controlled. Those who have access will only do so for the purposes of producing a claimant copy of the recording, for complaint resolution purposes or for benefit decision appeal proceedings.