Bauer-Kahan Bill Ending Mental Health Data Harvesting Becomes Law

ORINDA, CA -- California Gov. Gavin Newsom today signed into law AB 2089, Assemblymember Rebecca Bauer Kahan (D-Orinda)’s bill to protect mental health data privacy.

If a patient answered certain sensitive mental health questions in a doctor’s office, any information collected would be protected by federal health privacy laws like HIPAA. However, if a patient answered these questions to connect to a mental health provider through an online app, the service could, and does, harvest and sell this information.

Since the pandemic, the online mental healthcare space has exploded with as many as 20,000 apps offering services in this category globally. These companies will earn profits from the mental health crisis, and they target advertisements to individuals based on probable diagnosis.

“It’s unacceptable to force patients to sacrifice privacy for care,” Bauer-Kahan said. “When I go to seek care in a doctor’s office, I know that every piece of information I share is protected. It should be no different online. With the signature of AB 2089, we are protecting this sensitive health data as it should be.”

“Over the last few years, I’ve seen over and over how these therapy apps monetize and take advantage of people’s private mental health information,” Jeff Guenther, a licensed professional counselor and popular online creator who has called out the predatory practices, said. “People in desperate need of care are exploited by vague and hard to understand privacy policies and have no legal recourse.”

With the Governor’s signature, AB 2089 ensures standardized information security across modes of care to protect patients.