Legal considerations of consent and privacy in the context of clinical photography in Australian medical practice

Clinical photography has become integral to clinical practice, especially in visually oriented specialties. Where a clinical photograph forms part of a patient's medical record, clinicians have a legal obligation to keep that photograph for several years, as determined by federal privacy legislation and various state legislation. Patients may be able to access their own clinical photographs in the context of freedom of information legislation. Consent to take clinical photographs must be informed consent, and clinicians have a legal requirement to only use the photograph for the purpose defined by that consent.