Is Your Therapist Using AI to Secretly Track Your Sessions? Here’s What to Do

You go to therapy expecting confidentiality. That’s the foundation of mental health care. But a recent investigation by the Los Angeles Times (June 22, 2026) reveals that some mental health providers are quietly using artificial intelligence tools to record and analyze therapy sessions — often without clear patient consent.

It’s not science fiction. The report documents how certain teletherapy platforms and private practices have deployed AI to transcribe conversations, flag emotional states, and even share summarized data with third parties. For anyone who has ever shared something deeply personal with a therapist, this raises uncomfortable questions about where that information really goes.

Here’s what we know so far, and — more importantly — what you can do to protect your privacy.

What’s Happening

The LA Times investigation focused on several AI tools marketed to therapists. These systems work by:

  • Recording and transcribing sessions in real time.
  • Running sentiment analysis to identify emotional triggers or mood patterns.
  • Generating clinical notes automatically, often without the patient being told.
  • Sending aggregated data to cloud servers — sometimes managed by companies that are not covered by standard health privacy laws.

In some cases, the AI is presented as a helpful time-saver for clinicians. But the reporting found that many patients were never asked for permission. Even when buried in a terms-of-service agreement, the opt-out process was confusing or nonexistent.

It should be noted that the scale of the practice is not yet known. Not all therapists are using these tools, and some platforms have pushed back, saying their systems are fully compliant with regulations. Still, the lack of transparency is a serious concern.

Why It Matters

Therapy works because people feel safe enough to be honest. When a third-party AI system is listening in — and potentially storing or analyzing that data — the trust at the heart of treatment erodes.

Here are the concrete risks:

  • Data breaches. Any cloud-stored recording can be hacked. Therapy notes are among the most sensitive personal information.
  • Insurer or employer access. Some AI tools share de-identified data that could later be linked back to an individual. Insurers might use it to deny coverage; employers might see flags for depression or anxiety.
  • Legal gray areas. HIPAA (the Health Insurance Portability and Accountability Act) covers traditional medical records, but it does not explicitly regulate how AI analyzes recorded sessions. State laws vary. A 2024 report from the Federal Trade Commission warned that “AI tools in healthcare are not automatically HIPAA-compliant just because they process health data.”
  • Consent problems. Even if you signed a general consent form, did it mention AI recording? Many patients say no.

The LA Times also reported that some AI vendors sell aggregated patient data to researchers or marketing firms — stripped of names, but with enough detail to potentially re-identify individuals.

What You Can Do

You don’t need to abandon therapy to protect your privacy. Start with these practical steps:

  1. Ask your provider directly. Ask: “Are you using any AI tool to record, transcribe, or analyze our sessions?” If they say yes, ask for a copy of the patient-facing privacy notice that explains how the data is used and stored.

  2. Review the privacy policy. Look for keywords like “AI transcription,” “sentiment analysis,” “natural language processing,” or “machine learning.” If the policy is vague or buried, that’s a red flag.

  3. Request no recording. Most providers will honor a written request to turn off AI features. Some platforms allow you to disable recording session by session. Get it in writing.

  4. Choose platforms with strong encryption. End-to-end encrypted video platforms (like those using HIPAA-compliant options such as Doxy.me or Zoom for Healthcare) are better than general-purpose apps. Verify encryption claims.

  5. Consider therapists who are transparent about their tech. Some clinicians deliberately opt out of AI tools. Ask about their stance during a consultation. Independent therapists who run their own practice may have more control over what software they use.

  6. Know your state’s laws. A growing number of states (California, Washington, New York) now require specific consent for AI use in healthcare. Check with your state’s attorney general or health department.

Sources

  • “Your mental health provider might be secretly tracking sessions with AI,” Los Angeles Times, June 22, 2026.
  • Federal Trade Commission, “AI and Consumer Privacy in Health Care,” 2024 advisory.
  • HIPAA Privacy Rule, 45 CFR § 164.502 (general consent requirements for psychotherapy notes).

This is an evolving story. If you learn more about AI tracking in therapy, consider reporting it to your state’s medical board or the FTC. The more patients ask questions, the harder it becomes for providers to hide how they use your data.