About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

24 Tul. J. Tech. & Intell. Prop. 1 (2022)
Assessing Anonymity: Privacy in Online Mental Healthcare and Support Groups

handle is hein.journals/tuljtip24 and id is 9 raw text is: TULANE JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY VOLUME 24 SPRING 2022 Assessing Anonymity: Privacy in Online Mental Healthcare and Support Groups Nick Feldstern* Confusion surrounding data privacy laws and the vulnerable cybersecurity of many major technology platforms has created an environment where those most in need of remote mental healthcare are uncomfortable seeking it. The methods of digital treatment that cropped up during the COVID-19 pandemic proved effective and are likely here to stay long after a return to normalcy. While there will always be a market for in-person therapy and support groups, the increase in access to mental healthcare is simply too beneficial to ignore. This Article examines the patchwork of federal and state privacy laws and proposes that the current system is insufficient to sustain the expansion of remote mental healthcare. Until the federal government develops a more robust digital privacy scheme, state legislators and technology developers alike must consider the privacy needs of those seeking mental health treatment through professional services and online support groups. I. INTRODUCTION ......................................................................................2 II. BACKGROUND .......................................................................................3 A. How Personal Information is Collected and Shared by Online Therapy Applications...................................... 7 B. Online Therapy and Support Groups Become the New Normal During the COVID-19 Pandemic................9 C. Dominant Platforms in the Digital Mental H ealthcare F ield.............................................................. 10 III. LEGAL FRAMEWORK FOR DIGITAL PRIVACY .....................................11 A. Federal Privacy Law ...................................................... 12 1. HIPAA and Mental Healthcare.........................................12 * © 2022 Nick Feldstern. J.D. 2021, George Washington University Law School; BA in History, 2017, University of California, Santa Barbara. Mr. Feldstern is clerking at the United States Civilian Board of Contract Appeals, assisting the Board with the adjudication of federal contract disputes. The author would like to thank Professor Dawn Nunziato for her support and encouragement throughout the drafting of this article. 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most