POLICY ON THE RECORDING OF CLINICAL SESSIONS
1. LEGAL FRAMEWORK
The clinic’s specialists are entitled to full protection of their privacy under applicable law. The psychotherapy practice constitutes a private space within the meaning of the law, and the specialist benefits from the same legal protection as the patient.
Civil Code · Art. 74 — Law no. 287/2009
Violations of privacy include: the unlawful interception of a private conversation by any technical means, as well as the capturing or use of a person’s image or voice in a private space without their consent.
Criminal Code · Art. 226 — Violation of Privacy
The audio or video recording of a person without legal right is a criminal offence, punishable by imprisonment of 3 months to 2 years or a fine.
GDPR · Regulation (EU) 679/2016 & Law no. 190/2018
Information disclosed during clinical sessions constitutes sensitive health data, afforded the highest level of protection under applicable personal data legislation.
2.PROFESSIONAL SECRECY AND THERAPEUTIC CONFIDENTIALITY
The therapeutic relationship is governed by an absolute obligation of confidentiality, regulated by:
Law on Patients’ Rights · Law no. 46/2003
The patient is entitled to the protection of confidential information relating to their health, diagnosis and treatment.
Code of Ethics of the Licensed Psychologist · Romanian College of Psychologists
The obligation of confidentiality is absolute and remains in force throughout and beyond the duration of the therapeutic relationship.
This obligation operates in both directions: the specialist does not disclose the content of sessions, and the patient may not record, reproduce or distribute such content in any form. Unauthorised recording irreparably compromises the therapeutic framework and constitutes a serious breach of professional ethics, and may result in the immediate termination of the therapeutic relationship.
3.APPLICABLE DEONTOLOGICAL STANDARDS
Under the applicable code of ethics, the recording of psychotherapy or psychological consultation sessions may not be initiated unilaterally by the patient, regardless of the stated motivation or intention.
Fundamental deontological principle
Any recording requires the explicit, prior and documented consent of the specialist. The patient may not, by virtue of the nature of the therapeutic relationship, claim a unilateral right to record.
ID Therapy specialists have not granted and will not grant consent for the recording of clinical sessions by patients. Requests to this effect will be declined, and any attempt to record will result in the consequences set out in this policy and under applicable law.
4.ID THERAPY POLICY
ID Therapy — Bespoke Treatment Center takes a firm and unequivocal position on the protection of the therapeutic framework and the rights of its specialists. This policy applies equally to all patients, regardless of the nature or duration of the therapeutic relationship, the setting of the session (in-person or online), or the technical means involved.
“ID Therapy does not permit the recording — in any form and by any technical means of clinical sessions by patients.”
Consequences of a breach of this policy include, without limitation: immediate and permanent termination of the therapeutic relationship, notification of the relevant authorities (Romanian College of Psychologists and Romanian College of Physicians), and the initiation of applicable civil and/or criminal proceedings.