A local resident’s observation during a recent medical appointment has raised a question worth asking: is your consultation being recorded or transcribed by artificial intelligence—and would you know if it was?

The resident reported noticing something on the doctor’s computer that appeared to suggest their discussion was being captured.

The Bush Telegraph has not established whether recording or AI transcription occurred, what software may have been involved, or what consent arrangements were in place. There is no suggestion that the doctor acted improperly.

The observation does, however, provide an opportunity to explain patients’ rights as digital tools become part of medical consultations.

What is an AI scribe?

An AI scribe listens to a consultation and helps turn the conversation into clinical notes. These tools can reduce paperwork and allow doctors to concentrate more fully on their patients.

Different systems handle information differently. Some retain audio recordings, while others process the conversation without keeping the audio. Patients should understand what is being collected and how it is being used.

Patients should be informed

The Australian Health Practitioner Regulation Agency, Ahpra, says practitioners need to obtain informed consent when using AI scribing tools that involve patients’ personal information. Its guidance specifically highlights the importance of consent when private consultations are recorded.

The Therapeutic Goods Administration’s patient guidance is equally clear: healthcare professionals must tell patients when they plan to use a digital scribe and provide enough information for informed consent.

That includes an opportunity to understand how personal information will be protected and whether it will be disclosed to others. Patients can decline the use of a digital scribe or withdraw their consent, and request an alternative way of documenting the consultation.

What does South Australian law say?

South Australia’s *Surveillance Devices Act 2016* generally prohibits using a listening device to record, monitor or listen to a private conversation without the consent of all principal parties.

The law recognises express or implied consent and contains exceptions, including circumstances involving the protection of lawful interests. Whether a particular recording is lawful therefore depends on the facts. However, being a participant in a conversation does not automatically give someone unrestricted permission to record it.

A simple question at your next appointment

Patients who are unsure can ask:

“Is this consultation being audio-recorded or transcribed using an AI scribe?”

If the answer is yes, useful follow-up questions include:

• What information is saved—the audio, a transcript, or a summary?
• Where is it stored, and who can access it?
• Is it processed by another company or sent overseas?
• How long is it retained?
• Can you take notes without using the recording or AI system?

Patients who are uncomfortable can make their preference clear: “I would prefer you to take notes without recording our conversation or using an AI scribe.”

The right to decline an AI scribe does not mean a doctor cannot maintain ordinary clinical notes. It concerns the method used to capture and process the discussion.

Anyone concerned about a previous appointment should first ask the practice what system was used and what consent was obtained. If the explanation does not resolve the concern, the TGA advises that patients can raise concerns about digital-scribe use with the health service or Ahpra.

Technology can make medical care more efficient, but patients should be included in decisions about how their private conversations are captured and used.

At your next appointment, if you are unsure, ask. It is your consultation, your personal information, and a reasonable question.