Do we need written consent to use an AI scribe?

No signature is required. Verbal agreement at the start of the session, documented in the note, is the common standard and mirrors how consent to examination is usually recorded. What matters is that the patient understood and had a real choice.

Is implied consent enough?

CQC's mythbuster 109 says implied consent may be appropriate for AI scribes used for individual care, provided you tell people you are using them and they can object. Asking explicitly each session is still the stronger position and is easy to evidence.

What should a waiting-room sign say?

Keep it short: that some clinicians use an AI assistant to help write notes, that the clinician will ask first, that patients can say no, and where to find more detail. Signage supports the conversation in the room; it does not replace it.

What happens if a patient says no?

Nothing changes about their care. The clinician writes or dictates the note after the session without recording the patient. Record that the patient declined so colleagues know for future visits.

Can we use an AI scribe with a patient who lacks capacity?

Not by default. Under the Mental Capacity Act, any decision for someone who lacks capacity must be in their best interests and the least restrictive option, and an audio recording is rarely necessary when dictation produces the same note. The simplest policy is to use dictation in these cases.

Do we need to update our privacy notice?

Yes. UK GDPR's right to be informed means your privacy notice should explain that you use AI tools, what they do, who the processor is, where data is processed, how long it is kept and how patients can object. Update it before go-live and whenever you add a new AI tool.

Can a patient ask to see the transcript or have the audio deleted?

Patients have the right to access personal data you hold about them, which includes transcripts or audio while they are retained. Erasure requests are assessed case by case, because clinical records are subject to retention obligations. Short audio retention makes both questions simpler.

AI Scribe Patient Consent UK: What to Tell Patients, Signage and Capacity

Short answer

Tell every patient before recording: that an AI tool will listen and draft the note, what happens to the audio, and that they can say no without affecting their care. Record their agreement in the note. Back this up with an updated privacy notice and signage, and use dictation when a patient declines or lacks capacity.

Two different kinds of consent

'Consent' means two things here. One is the patient's agreement to having the consultation recorded and drafted by AI. The other is consent as a lawful basis under UK GDPR, which many clinics do not rely on for clinical records. CQC's GP mythbuster 109 says the type of consent depends on the technology: for AI scribes used for individual care, implied consent may be appropriate, but you must tell people you are using them, and transparency and the option to object are key. NHS England's ambient scribing guidance similarly asks you to inform patients before processing so they can object.

Whatever your legal basis, the safest practice is simple: ask at the start of each session, in plain words, and write down the answer. It costs ten seconds and it is the evidence an inspector or complaint handler will look for.

What to tell patients

An AI tool will listen to the consultation and draft the clinical note.
Your clinician checks and edits the note before it is saved.
Where the audio is processed and how long it is kept.
That the information is not used to train AI models (if that is true of your vendor).
That they can say no, or ask you to stop at any point, and it will not affect their care.

Signage and the privacy notice

Signage tells patients before they walk in; it does not replace asking. A waiting-room or booking-confirmation line might read: 'Some of our clinicians use an AI assistant to help write clinical notes. Your clinician will ask before using it, and you can say no. Ask us or see our privacy notice for details.' Your privacy notice should name the tool's purpose, the processor, where data is processed, retention periods and how to object. Our free AI privacy notice builder drafts this section for you.

When a patient declines or lacks capacity

Declining must be a real option. If a patient says no, the clinician writes or dictates the note after the session, with no patient audio captured. The harder case is a patient who may lack capacity to decide about recording. The Mental Capacity Act 2005 requires capacity to be assumed unless shown otherwise and assessed decision by decision, and any decision for someone who lacks capacity must be in their best interests and the least restrictive option. For most clinics the practical policy is: record only with the patient's own informed agreement, and use dictation otherwise.

What Motics does

Motics Scribe Agent supports dictation as well as ambient capture, so you can document without recording a patient who declines or may lack capacity.
Scribe audio is deleted within 48 hours, and patient data is not used to train AI models.
The clinician reviews and approves every note before it is saved.
We recommend asking in person at the start of each session, publishing your AI use in your privacy notice, and never recording a patient who may lack capacity.
Our free AI privacy notice builder drafts the patient-facing wording, with Motics' published commitments filled in if you use Motics.

Full detail on our security and compliance page and the Trust Centre. Ask any vendor, including us, to put these answers in writing.

Primary sources

Practical orientation for UK clinics, not legal advice. For your own circumstances, take advice from your data protection officer, indemnity provider or a solicitor.

Do patients need to consent to an AI scribe, and what should we tell them?