Mental health practitioners are confronted with new challenges of maintaining patients’ confidentiality and guarding sensitive data. While therapy practice becomes increasingly dependent on electronic media and electronic patient records, it is important that all practitioners are aware of the changing privacy law and data protection context.
The stakes are the highest. Mental health records hold some of the most personally intimate information, and a breach is potentially disastrous for both practitioners and patients.
Determining Patient Privacy Needs
HIPAA is still the foundation of patient confidentiality for mental health practitioners. The federal law dictates strict standards for the management, storage, and transmission of protected health information. Mental health histories are included under HIPAA and are to be treated differently from regular medical data.
Ethical responsibilities are distinct from, yet in addition to, the law. Professional associations like the American Psychological Association make it very clear that confidentiality is at the heart of the therapeutic process. Patients must be able to be assured that their most private secrets are secure if they are to become engaged in treatment.
The solution is to strike a balance between security and accessibility. EHRs have many advantages on the table of continuity of care, but they also carry new risks that the paper record did not have.
Meeting Today’s Data Security Needs
There has been a sharply accelerating growth in cyberattacks against health care providers. Mental health practices are especially at risk in that they are smaller in scope and don’t have the information technology resources of bigger hospital systems. Ransomware attacks, phishing, and data breaches continue to pose threats to patient privacy.
Cloud storage is both opportunity and risk. While cloud sites might have greater security systems, including third-party access and administration, there remain threats. Mental health professionals must scrutinize cloud providers thoroughly and ensure they are HIPAA-compliant.
Web therapy platforms extended mental health care to more people but raised privacy issues. Videoconferencing, web-based messaging platforms, and wireless apps each have a unique security profile that therapists must know and use correctly.
Preparing for Future Privacy Developments
Emerging and new technologies will transform mental healthcare privacy protection. AI and ML algorithms have a huge potential to be used in treatment planning and outcome forecasting but raise difficult questions about data use and patient consent.
Privacy laws within the states are evolving rapidly. The California Consumer Privacy Act and other equivalent state legislation introduce additional compliance requirements to mental health practice. These legislations often include patients’ new rights to their personal information on top of HIPAA protections.
Telehealth policy continues to evolve after pandemic-facilitated expansion of online services. Mental health practitioners need to stay attuned to changing demands for secure communications platforms and interstate practice policies.
Establishing a Privacy-First Practice
Protecting privacy requires advance planning rather than reaction after the event. Mental health professionals must develop thorough privacy policies, have proper technical controls, and have ongoing staff training on best practices in information security.
Regular security audits identify potential vulnerabilities before they become breaches. Regular auditing of technology infrastructure and data handling practices can be useful for small practice firms, too. If you’re just entering the world of data and privacy, consider a simple California law and ethics course to boost your knowledge.
The intersection of mental health treatment and data privacy will just become increasingly complex as the technology develops. Practitioners who think about privacy today will be better positioned to keep pace with what comes next while sustaining the trust that is critical to effective therapy relationships.
