About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

20 Colum. Sci. & Tech. L. Rev. 333 (2018-2019)
The Chatbot Will See You Now: Protecting Mental Health Confidentiality in Software Applications

handle is hein.journals/cstlr20 and id is 333 raw text is: 


                  THE COLUMBIA


                     LAW REVIEW

VOL.  XX                     STLR.ORG                    SPRING 2019


                THE  CHATBOT WILL SEE You Now:

                           Scott  Stiefel*

    Chatbots are a fonn of artificial intelligence that can read text, or translate
voice to text, and provide a response. While they have existed since the 1960's,
they have recently been used to provide a form of therapy through software
applications (apps). However, unlike licensed professionals who provide
traditional mental health services, chatbots are not subject to confidentiality
obligations. Currently, federal and state regulations that impose confidentiality
obligations in the healthcare context do not apply to chatbots, and the regulations
that do apply to chatbots do not impose such obligations. Because users engaging
with these apps disclose information similar to information disclosed during a
therapy session, this Article proposes a new regulatoy framework, through new
legislation, to limit the use and disclosure of information received by software-
based therapy technologies.

    t   This article may  be  cited as http://www.stlr.org/cite.cgi?volume=
20&article=Stiefel.pdf. This work is made available under the Creative Commons
Attribution-Non-Commercial-No Derivative Works 3.0 License.
    *   Corporate Counsel - Henry Schein One, Internet Brands. LL.M. in
Health Law, Loyola University Chicago;J.D., The Catholic University of America;
B.S., University of Illinois at Urbana. For her patience, guidance, and assistance,
I am grateful to Nadia Sawicki, my thesis advisor. I am also thankful for the
assistance and input of Stacey Tovino, Jordan Paradise, and the editorial team at
the Columbia Science & Technology Law Review.



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.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most