Senators Call on Mental Health Apps to Provide Answers on Data Privacy and Sharing Practices

Sens Elizabeth Warren (D-MA), Cory Booker (D-NJ), and Ron Wyden (D-OR) sent letters to BetterHelp and Talkspace, two leading mental health apps, expressing deep concerns about the companies’ use of patients’ personal health data and requesting more information about their data sharing and privacy practices. Their letter follows reports that mental health apps are collecting, mining, and disseminating private client information to third parties, including data brokers and Big Tech companies like Google and Facebook. Mental health apps, including BetterHelp and Talkspace, exploded in popularity during the COVID-19 pandemic, marketing themselves as a “cost-effective alternative to traditional therapy.” However, they appear to be taking advantage of the “regulatory gray area” in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to exploit their patients’ data for profit. The senators are calling on BetterHelp and Talkspace to answer a set of questions about the type and breadth of data they share with third parties, including Big Tech companies like Google and Facebook; the methods they use to protect clients’ information; and their processes to inform potential clients and current users about their privacy policies and the risks of data sharing by July 6, 2022.