Background Technological developments allow for a variety of applications of video recording in health care, including endoscopic procedures. Although the value of video registration is recognized, medicolegal concerns regarding the privacy of patients and professionals are growing. A clear understanding of the legal framework is lacking. Therefore, this research aims to provide insight into the juridical position of patients and professionals regarding video recording in health care practice. Methods Jurisprudence was searched to exemplify legislation on video recording in health care. In addition, legislation was translated for different applications of video in health care found in the literature. Results Three principles in Western law are relevant for video recording in health care practice: (1) regulations on privacy regarding personal data, which apply to the gathering and processing of video data in health care settings; (2) the patient record, in which video data can be stored; and (3) professional secrecy, which protects the privacy of patients including video data. Practical implementation of these principles in video recording in health care does not exist. Conclusion Practical regulations on video recording in health care for different specifically defined purposes are needed. Innovations in video capture technology that enable video data to be made anonymous automatically can contribute to protection for the privacy of all the people involved.Keywords Health care Á Law Á Patient safety Á Privacy Á Surgery Á Video Video imaging is becoming increasingly important in health care, especially in endoscopic surgery. Although the advantages of video recording are recognized, concerns regarding the privacy of patients and professionals related to video recording are growing. Yet the legal framework of video recording in clinical practice has never been described clearly before.The advantages of recording images in a medical setting are numerous [1][2][3], and consequently a wide variety of applications in health care has been suggested. In endoscopic surgery, videos are obviously indispensible. Endoscopic videos are primarily used in real time during minimally invasive surgery (MIS), but the video images also may be stored for later use in education or evaluation.Regular video cameras are present throughout health care as well. Video recording allows reviewing of results at any time from any location. Video data are most commonly used as a research tool to assess the skills of professionals and students or to monitor processes for the purpose of improving quality, efficiency and safety of care.