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There is no single consent rule or retention period for every AI medical scribe. A practice’s obligations depend on its location, workflow, vendor and the information being captured. Before a scribe starts, patients should be told what it captures and how it is used; they should also be able to ask what is stored, who can access it and when it is deleted. Raw audio and transcripts may be handled differently from a clinician-approved note in the medical record.
Does a doctor need your consent to use an AI medical scribe?
It depends on the jurisdiction and the provider’s policy. Do not assume that a rule described by one health system applies to every clinic or country. Patients should be informed before capture begins, and a provider should explain how to decline or raise an objection.
England: inform patients and respect dissent
NHS England’s guidance for individual-care tasks in England says explicit consent is not required under its described implied-consent approach. It also says professionals should tell patients at the start of the session, make information available in the organization’s privacy notice and respect dissent. The guidance discusses the right to object under UK GDPR and how to proceed when a patient lacks capacity. This is England-specific guidance, not a rule for other UK jurisdictions or countries. See NHS England’s professional guidance.
United States: policies vary by health system and applicable law
Penn Medicine describes its own ambient documentation workflow as requiring consent. Its FAQ says participation is optional and patients can pause or stop recording; patients who opt out use the usual note-taking workflow. That is Penn Medicine’s policy, not evidence that every US provider follows the same process. Penn Medicine’s FAQ explains its approach.
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What a notice should explain
A useful notice tells you whether the visit is being recorded, that an AI service provider will use the conversation to create documentation, whether service providers may receive the information, and how to decline. AWS says customers and downstream integrators—not AWS on their behalf—are responsible for applicable consent, recording and privacy requirements. Its documentation says notice and any required consent should cover the patient and other people in the room, and that the customer or integrator should maintain consent records as required by law and policy. AWS’s ambient documentation guidance includes this sample wording: “Before we begin, I want to let you know that today’s visit will be recorded and monitored by an AI service provider to help with documentation. Do you consent to proceed?” It is an example, not a universal script.
Is the visit being recorded, and who can see the information?
“AI scribe” does not, by itself, tell you exactly what is captured or where it goes. Depending on the workflow, the system may process audio, a transcript, speaker labels, a draft note and other encounter information. A provider should be able to identify the product and describe the path from capture to the final note, including vendors or subprocessors that may handle the data.
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For a clear answer, ask the clinic:
- What is captured: audio, transcript, draft note, metadata, or some combination?
- Where is each item processed and stored, including by any subcontractors?
- Which people or organizations can access each item, and for what purpose?
- Is information used only to document care, or also for product improvement or model training?
- Can staff pause capture, and how can a patient decline?
NHS England’s information-governance guidance recommends checking storage locations at each stage, documenting controller and processor roles, giving suppliers clear data-processing instructions, and reviewing security. It also recommends a data-protection impact assessment where required. These are organizational governance measures; a patient can ask the provider how they apply to its chosen service. NHS England’s information-governance guidance describes these responsibilities.
Does an AI scribe recording become part of the medical record?
Not necessarily. The original recording, transcript and draft may be temporary working materials, while a clinician-approved note or other output may be added to the health record. The provider’s workflow and applicable record-retention rules determine what becomes part of the official record.
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NHS England says audio and transcripts could be deleted once a professional has checked and approved an accurate, adequate summary, unless additional retention is needed to monitor safety or accuracy. A summary placed in the health record follows that record’s retention schedule. Once information is transferred to its final location, other processing copies should be deleted where appropriate to avoid unnecessary duplication. Penn Medicine, as a separate institutional example, says its recordings are not saved in the chart and are not part of the official medical record. Ask your provider which outputs enter your chart and what record schedule applies.
How long does an AI scribe keep recordings and notes?
There is no established industry-wide deletion period. Retention depends on the specific product, the provider’s settings and contracts, and whether an item is a raw input or an approved record. For example, Ambient Scribe (Phiniti Assist) says its service automatically deletes listed generated artifacts 30 days after encounter creation. The vendor’s policy includes transcripts, notes, patient instructions, diagnoses and recordings; this is a statement about that product, not a general standard. Ambient Scribe’s retention policy gives the product-specific terms.
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Penn Medicine says recordings are routinely deleted after a short time but does not specify a precise interval in its FAQ. NHS England’s guidance describes when deletion of raw inputs may be appropriate but does not set one universal period for all services. Ask about the deletion trigger, whether backups are included and what evidence the provider or vendor can give that deletion occurred.
| Example | What the source says | What it does not establish |
|---|---|---|
| NHS England guidance for England | Audio and transcripts could be deleted after professional approval of an accurate, adequate summary, subject to safety or accuracy monitoring needs; a health-record summary follows that record’s retention schedule. | A fixed retention period for every ambient-scribing service. |
| Penn Medicine policy | Recordings are not saved in the chart, are not part of the official medical record and are routinely deleted after a short time. | A precise deletion interval in its patient FAQ, or the practices of other health systems. |
| Ambient Scribe (Phiniti Assist) policy | The vendor says listed artifacts are automatically deleted 30 days after encounter creation. | An industry-wide period or a policy for other products. |
What should a clinic verify before choosing or configuring a scribe?
A clinic should be able to account for each data item from capture through deletion, not just point to a vendor’s general privacy statement. NHS England’s guidance, updated 29 July 2026, is for England and describes governance measures including supplier instructions, documented controller/processor responsibilities and security review. Its publication record identifies the update and scope: NHS England’s publication page.
- List the captured inputs and generated outputs, including audio, transcript, draft and final note.
- Identify processing and storage locations, providers and subprocessors, and who can access each item.
- Specify permitted uses, including whether data may be used for product improvement or model training.
- Document retention triggers, backup handling and deletion responsibilities in the relevant agreements.
- Define how patients receive notice, decline or object, and how staff pause or stop capture.
- Confirm where the approved note is sent and which record-retention schedule governs it.
- Determine which organization is controller or processor for each purpose, and document the roles and instructions.
Who checks the AI-generated note?
A clinician must review the output before it affects care or enters the record. NHS England warns that ambient-scribe notes can contain errors and says users should check and correct them; additional review may be needed when translation is involved. Penn Medicine says its care team reviews and approves notes before they become part of the medical record. The scribe produces documentation, not an independent clinical decision. See NHS England’s patient guidance and Penn Medicine’s FAQ.
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