Is Your Therapist Secretly Using AI to Track Your Sessions? What You Need to Know

A recent investigation by the Los Angeles Times has brought to light a practice that many therapy clients might find unsettling: some mental health providers are using artificial intelligence tools to transcribe, analyze, and store recordings of therapy sessions—often without explicit patient consent. If you’re in therapy or considering it, this raises serious questions about privacy, trust, and your control over deeply personal conversations.

Here’s what’s happening, why it matters, and what you can do to protect your mental health data.

What happened

The Times investigation, published in June 2026, reported that a growing number of therapists and clinics are adopting AI-powered software that listens to sessions and generates transcripts, sentiment analysis, or summaries. The tools are marketed as ways to improve clinical documentation, track patient progress, or even flag potential risks. But the investigation found that many providers did not clearly disclose this use to patients, and some buried the information in lengthy privacy policies that few clients read.

The technology itself is not inherently malicious. But the problem is transparency. When a patient speaks to a therapist, they assume confidentiality—a legal and ethical standard protected by HIPAA, state laws, and professional codes. AI analysis, however, often involves third-party vendors, cloud storage, and algorithms that may process the data in ways the patient never agreed to.

Why it matters

The stakes are high. Therapy sessions contain some of the most sensitive information a person can share: mental health diagnoses, trauma histories, relationship struggles, substance use, and more. If that data is stored or analyzed by an AI tool, several risks emerge:

  • Lack of informed consent. Many patients are never told that their words are being run through an AI model. Without knowing, they cannot agree or object.
  • Data storage and breaches. Even if the tool is secure, no system is immune to hackers. A breach of therapy data could have devastating consequences for patients.
  • HIPAA gaps. While HIPAA covers how health providers handle patient information, it may not fully apply to AI analytics performed by independent vendors. Some contracts shift responsibility, leaving patients with limited recourse.
  • Third-party access. Depending on the software, the AI company may have access to raw transcripts. Some tools use data to improve their models, meaning your therapy session could end up as training material—without your knowledge.

The Los Angeles Times report noted that even when providers do disclose the use of AI, they often do so in vague terms. A patient might see a line in a consent form about “digital note-taking” but not realize it involves automated analysis.

What readers can do

You do not have to accept this situation passively. Here are concrete steps you can take:

  1. Ask your therapist directly. Before your next session, ask: “Do you use any AI or automated tools to record, transcribe, or analyze our conversations?” If the answer is yes, ask for details: what tool, what data is stored, who has access, and how long it is kept.

  2. Request a copy of the privacy notice. Providers are required to give you a notice of privacy practices under HIPAA. Read it carefully. Look for language about “analytics,” “automated transcription,” or “third-party services.” If it’s unclear, ask for clarification.

  3. Say no – and know your options. Under HIPAA, you generally have the right to restrict how your information is used. If you do not consent to AI analysis, ask your therapist to disable the tool for your sessions. They may accommodate you, or they may say it is required by their practice. In that case, you may need to consider switching providers.

  4. Check state laws. Some states, like California, have stronger privacy protections (e.g., the California Consumer Privacy Act). These may give you the right to request deletion of data held by vendors. If you suspect your therapy data was processed without consent, you can file a complaint with your state attorney general or the U.S. Department of Health and Human Services.

  5. Look for alternatives. Some therapists and platforms advertise “AI-free” therapy. If privacy is a priority for you, seek out providers who explicitly commit to not using AI tools for analysis.

  6. Stay informed. The landscape is changing quickly. Follow reporting from outlets like the Los Angeles Times and consumer privacy groups to understand evolving practices.

Sources

  • Los Angeles Times, “Your mental health provider might be secretly tracking sessions with AI,” June 2026.
  • U.S. Department of Health and Human Services, HIPAA Privacy Rule.
  • California Consumer Privacy Act (CCPA) and related state laws.

The use of AI in therapy is not necessarily wrong, but it must be transparent and consensual. Until regulators catch up, the responsibility falls on clients to ask questions and protect their own data. Your therapy sessions belong to you—make sure you know who else is listening.