The Mental Health Commission (MHC) has issued a new code of practice on the use of digital monitoring technologies.
The new Code of Practice on the Use of Digital Monitoring Technologies 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 to ensure these technologies are used appropriately in care settings, while protecting the privacy, dignity and rights of people receiving care and treatment.
The Code expands on existing requirements in regulation 25 of the Mental Health Act 2001 (Approved Centres) Regulations 2006 and the Rules Governing the Use of Seclusion related to CCTV and monitoring devices.
It emphasises the need for centres to adopt a human-rights based, trauma informed and person-centred approach when using digital monitoring technologies, and encourages services to identify the purpose, evidence base and potential effects of digital monitoring technology prior to use.
Under the MHC Code, all approved centres will be expected to undertake a Digital Monitoring Technology Impact Assessment before introducing any monitoring technology and to review technologies already in use.
These assessments will consider the technology’s purpose, evidence base, impact on therapeutic relationships, human rights implications, privacy concerns, safety considerations and alternatives.
The Code also strengthens governance and accountability by requesting approved centres to maintain clear policies on the use of digital monitoring technologies and ensure robust data protection and cybersecurity measures are in place, while also providing accessible information to patients.
Service providers are required to deliver mandatory staff training on the ethical, legal, and human rights dimensions of digital monitoring.
Furthermore, centres must notify the MHC where digital monitoring technology is to be used in bedrooms and/or bathrooms and must publish annual reports detailing their use of digital monitoring technologies.
The Chief Executive of the MHC, 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.”
The 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.
The guideline was developed after extensive consultation with people with lived experience of mental health services, family members, staff working in mental health services, and key organisations who shared their perspectives on the impact digital monitoring technologies may have on care and treatment. Its development was supported by an expert advisory group, and an evidence review was undertaken by Queen’s University Belfast.
Recognising that the use of certain digital monitoring technologies may involve handling personal data, the MHC states that, where the Code intersects with matters overseen by the Data Protection Commission, it does not negate the centre’s legal responsibilities under the GDPR and Data Protection Act 2018.
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