MHC and DPC issue new safeguards for digital monitoring in care settings
New Code and Guidance set out how digital monitoring can be used while protecting the privacy, dignity and rights of people receiving care and treatment
The Mental Health Commission (MHC) and Data Protection Commission (DPC) have jointly launched a new Code of Practice and Guidance aimed at ensuring that digital monitoring technologies are used appropriately in care settings, while protecting the privacy, dignity and rights of people receiving care and treatment.
Digital monitoring technologies are tools such as cameras, sensors and remote monitoring systems that may be used to collect information about a person’s health, movements, behaviour or safety in care settings. Their use raises important safety concerns, as well as concerns for the impact on human rights, privacy, dignity, bodily integrity and autonomy.
The MHC’s new Code of Practice on the Use of Digital Monitoring Technologies – which was developed after extensive consultation with people with lived experience of mental health services, family members, staff working in mental health services, and key stakeholders - establishes a comprehensive regulatory framework governing the use of digital monitoring technologies in approved mental health centres. It sets out clear standards, controls and safeguards for technologies such as CCTV and other digital systems used to observe or monitor patients as part of their care and treatment.
The Code has been developed in response to rapid technological advances and increasing digitalisation within healthcare, including the emergence of artificial intelligence-enabled technologies. It places a strong emphasis on human rights-based, trauma-informed and person-centred approaches, requiring mental health services to carefully balance safety and care considerations with a person’s rights to privacy, dignity, bodily integrity and autonomy.
In parallel, the DPC has published new Guidance on the Use of CCTV in Residential Care Settings, setting out the important data protection considerations that organisations must take into account when using CCTV in environments where people live and receive care or support.
The new DPC guidance is intended for organisations operating residential care settings where people live and receive care or support. These organisations include, for example, mental health residential services, nursing homes, residential centres for people with disabilities, and special care units. In such environments, CCTV may be deployed in response to concerns relating to safety, protection, wellbeing, safeguarding, or the investigation of specific incidents. However, CCTV can be an intrusive form of data processing, particularly in environments that function as a person’s home, place of care, learning environment, or place of work. The aim of this guidance is to highlight the additional data protection considerations to be taken into account in these settings.
The MHC Code and DPC Guidance have been developed through close collaboration between the two regulators, reflecting their shared commitment to ensuring that any increasing use of digital monitoring technologies in care settings is accompanied by appropriate safeguards for the people whose care, privacy and personal data may be affected.
Both the MHC Code and DPC Guidance were introduced to healthcare providers from across the broader health and social care sector earlier this week.
The Chief Executive of the Mental Health Commission, John Farrelly said: “This collaborative approach to the launch of this Code and Guidance by the Mental Health Commission and the Data Protection Commission highlights the importance of the shared vision and priorities of both organisations to ensure the rights of persons receiving care and treatment in care settings are protected. We very much hope that the Code and the Guidance will encourage and promote good practice and high standards in relation to the safe, transparent, ethical and responsible use of digital monitoring technologies in mental health and other care settings.”
Commissioner of the Data Protection Commission, Dale Sunderland said: “The Guidance is provided by the DPC as a guide to help organisations operating in residential settings to meet their obligations as data controllers and was developed in collaboration with the Mental Health Commission. The use of video monitoring technologies such as closed-circuit television (CCTV), depending on whether it is recorded or live view monitoring, may involve the processing of personal data, and fall within the scope of data protection law. The document aims to provide clear guidance and to highlight the additional considerations to be taken into account in the use of monitoring technologies in all care settings.”
The MHC Code will come into effect on 1 January 2027, after which compliance will be assessed by the Inspector of Mental Health Services as part of the inspection process in approved centres.
View the new Code of Practice at this link: Code of Practice on the use of Digital Monitoring Technologies
