AUTH/3820/9/23: Complainant v Daiichi Sankyo (AI recording of HCP calls) – No breach | PMCPA Case

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Key facts

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Case number	AUTH/3820/9/23
Parties	Complainant v Daiichi Sankyo UK Ltd
Issue	Alleged covert recording of calls with health professionals by representatives using an AI digital tool
Complainant	Anonymous, non-contactable
Applicable Code	2021
Clauses considered	5.1, 15.5, 15.6
Company position	Recordings only with HCP consent; tool used for coaching/quality, not promotion; audio anonymised and deleted after analysis; pilot ceased 14 September 2023
Panel decision	No breach of Clauses 5.1, 15.5 and 15.6
Complaint received	08 September 2023
Case completed	11 October 2024
Appeal	No appeal
Sanctions	None

Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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An anonymous, non-contactable complainant alleged Daiichi Sankyo was using AI technology to record healthcare professional (HCP) calls “covertly”, stating it was for representative training.
Daiichi Sankyo explained it had piloted a digital tool (app) with 13 sales representatives to analyse call quality for coaching and development.
The company said HCP consent was required before any recording; if an HCP resisted, the tool was not used and no recording took place.
Daiichi Sankyo stated 20 calls were recorded with verbal consent; five doctors reportedly did not consent.
The company stated the tool focused predominantly on the representative voice, anonymised and extracted keywords for analysis, and the audio was securely deleted once analysis was complete.
Daiichi Sankyo ceased use of the tool as of 14 September 2023.
The PMCPA asked Daiichi Sankyo to consider Clauses 5.1, 15.5 and 15.6 of the 2021 Code.

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Clause 5.1 Requirement to maintain high standards at all times
Clause 15.5 Requirement that the telephone, text messages, email, faxes, automated calling systems, and other digital communications must not be used for promotional purposes, except with the prior permission of the recipient
Clause 15.6 Requirement that promotional material and activities must not be disguised

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