Intake, consent and patient data
Do I need patient consent to use an AI scribe?
Yes. Recording a consultation and processing that recording requires the patient''s informed consent, under POPIA in South Africa and the Privacy Act in Australia. Explain what is recorded, why, where it is stored and that they may decline. Record the consent, and be able to run the consultation without recording if they say no.
Written by the HeroMed team · Last reviewed 7 September 2026
What informed consent means here
The patient should understand, in plain language:
- That the consultation will be recorded to help write the clinical note
- That a practitioner reviews and signs the note
- Where the recording and the note are stored, and for how long
- That declining does not affect their care
How to capture it
- A short verbal explanation at the start of the consultation, with the answer noted in the record
- Or a consent item in your intake form, captured once and revisited when it changes
- Either way, keep a dated record of the consent, not just a memory of it
What to have ready before you start
- Standard consent wording for the whole practice — not improvised per clinician
- A documented retention period for recordings
- Clear internal rules on who may access recordings
- A working path to see the patient without recording
Local detail
South Africa: POPIA compliance for practices covers consent, retention and access. Australian practices apply the equivalent Privacy Act and APP obligations.