Case Notes · Issue 03

Two dates every hospital should put in the diary

The data protection law stopped being talk when the rules were notified in November 2025. It comes in stages, the stages have dates, and one of them lands on hospitals in May 2027. Here is what you will actually have to do, and one thing you will not.

The dates

The Digital Personal Data Protection Act was passed in 2023, and the rules under it were notified on 14 November 2025. The law does not start all at once. It comes in three stages.

May 2027 sounds far away. It is not, for a hospital that has to change a form, train the front office again, and get an agreement signed with every software company it uses.

Which one are you?

These two words matter, because the duties follow them. The hospital collects the patient's data and decides what happens to it, so the hospital is the Data Fiduciary. The software company only stores it, on the hospital's instructions, so it is the Data Processor. Most of the duties, and most of the penalty, sit with the fiduciary. That is you, not your software company.

Large chains may also be named Significant Data Fiduciaries, which adds more duties, including appointing a data protection officer.

Two practical points, for a hospital of any size. First, the notice you give the patient has to be a separate page that lists things clearly: what you collect, why you collect it, and what the patient can do about it. Not one line hidden inside the admission form. Second, if you record conversations, the notice has to say so in plain words.

The bit that is specific to us

An audio recording of a family being told about a critically ill patient is not one person's data. The patient is in it, and so are the wife, the son and the brother who came from out of town. It is health information about several people at the same time, and each of them is a person whose data you are handling.

That is not an argument against recording. A recording remains the strongest answer to "nobody told us" that a hospital can hold. It is an argument for telling people plainly that it is being recorded, in the language they speak, and writing down that you told them.

And one rule that is not in force

You may remember the alarm about doctors having to move all records to digital within three years, and keep them for three years after the last visit. That came from the Registered Medical Practitioner (Professional Conduct) Regulations, notified by the National Medical Commission on 2 August 2023.

Three weeks later, on 23 August 2023, they were put on hold. The 2002 code is what is in force today, and the 2023 rules stay on hold until there is a further notification.

So if a salesman tells you digital records are compulsory today, he is wrong. They are not. The direction is clear enough, and the rules that are on hold show you where it is heading, but that is a reason to plan, not a reason to panic.

What would make the difference

"Do we need the family's permission to record the conversation?"

Tell them, in words they understand, before you start. Then write down that you told them. That is the standard I would keep whatever the enforcement date says, and it is what the notice rule will ask for anyway.

In practice it is one sentence at the start: we record these explanations and keep them in the patient's file. In my experience families are reassured rather than upset, because it shows the hospital is willing to be held to what it said.

Sources

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Case Notes is written by Dr Ranadheer Raju C S, laparoscopic surgeon at Sri Sara Hospital, Tirupati. It is one doctor reading published judgments and standards, and writing them up for other doctors. It is not legal advice. If you have a case going on, talk to your own lawyer. If I have got something wrong, tell me and I will correct it here.

MedSaakshi makes consent and explanation records that are signed, timed, recorded and sealed. If that sounds useful, there is a demo at medsaakshi.com. If not, the note above is still yours to use.