Is your therapist using AI to track your sessions? What to know about privacy risks

If you’ve been in therapy over the past few years, there’s a chance your sessions were recorded and analyzed by artificial intelligence—without your explicit knowledge. A recent investigation by the Los Angeles Times found that a number of mental health providers have quietly adopted AI tools that transcribe conversations, perform sentiment analysis, and flag behavioral patterns. For patients who trust their therapists with their most private thoughts, this revelation raises uncomfortable questions about consent, confidentiality, and control over sensitive data.

The practice is not yet widespread, but the investigation documents cases where AI monitoring was added without clear disclosure in intake forms or verbal consent conversations. Some providers use off‑the‑shelf tools like Otter.ai; others deploy proprietary software designed specifically for clinical settings. The common thread is a lack of transparency.

What happened

The Times obtained records and interviewed clinicians, tech vendors, and privacy experts. They found that AI‑powered transcription and analysis tools are being integrated into telehealth platforms and, in some cases, even into in‑person sessions via smartphone apps placed on a desk. The software can generate transcripts in real time, flag keywords associated with suicidal ideation, and measure vocal tone as a proxy for emotional state. Vendors market these tools as aids for note‑taking, treatment planning, or compliance with insurance requirements.

But many patients reported they were never told. The investigation quotes one person who discovered a recorded session while reviewing a portal that automatically stored transcripts. Another learned about AI analysis only after a provider accidentally shared a sentiment‑score chart during a follow‑up call.

Why it matters

Mental health records are among the most intimate personal information a person can share. They may include details about trauma, relationships, substance use, or suicidal thoughts. If that data is recorded, processed, and stored by an AI system, several risks emerge:

  • Data breaches – Any service that stores transcripts can be hacked or inadvertently exposed. In 2023, a popular telehealth platform experienced a breach affecting millions of patient notes.
  • Secondary uses – Some vendor terms of service allow data to be used for training models or improving algorithms, sometimes in ways that are difficult to reverse.
  • Legal gaps – HIPAA, the main federal health privacy law, requires covered entities to protect patient information, but it does not explicitly force providers to disclose which specific AI tools they use or to obtain separate consent for AI processing. State laws like California’s CCPA or Colorado’s CPA offer more consumer rights—such as the right to opt out of data sharing—but enforcement is uneven and many patients don’t know those rights exist.
  • Chilling effect on therapy – If patients suspect every word is being analyzed by software, they may censor themselves, which undermines the therapeutic process.

What readers can do

You don’t need to stop therapy, but you can take practical steps to protect your privacy.

  1. Ask your provider directly. Before or during an appointment, ask: “Are you using any AI or automated transcription tools to record or analyze our sessions? If so, which ones?” A straightforward question often yields a straightforward answer.

  2. Read the consent and privacy forms carefully. Many clinics include a clause about recording or note‑taking software in the fine print. Look for terms like “transcription,” “sentiment analysis,” “machine learning,” or “third‑party data processing.” If the language is vague, ask for clarification.

  3. Request an opt‑out. Some providers will let you decline AI monitoring and rely on manual note‑taking instead. This isn’t guaranteed—but it’s worth asking. If your provider refuses, you may want to consider a different therapist who respects your choice.

  4. Check your state’s privacy laws. If you live in California, Colorado, Virginia, or Connecticut, you have broader rights to access and delete your data. You can also file a complaint with your state attorney general if you believe a provider is failing to disclose data practices.

  5. Consider alternative therapy formats. If you’re concerned about digital tracking, look for therapists who emphasize privacy during the intake process. Some clinicians advertise “no AI” or “paper‑based” record keeping.

  6. Review telehealth platforms. If you use a service like BetterHelp, Talkspace, or a local clinic’s portal, check their updated privacy policies. Some platforms have added AI features after launch without clearly notifying users.

No single step guarantees perfect privacy, but being an informed consumer is the first line of defense.

Sources

  • Los Angeles Times investigation (June 2026) – “Your mental health provider might be secretly tracking sessions with AI”
  • HIPAA Privacy Rule, U.S. Department of Health and Human Services
  • California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
  • State privacy laws: Colorado, Virginia, Connecticut

If you’re in therapy, your sessions should be a safe space—not a data‑mining opportunity. Demand transparency. Your privacy depends on it.