Three U.S. Senators—Elizabeth Warren (D-MA), Cory Booker (D-NJ), and Ron Wyden (D-OR)—have launched a high-profile inquiry into the data practices of two major digital mental health providers: Talkspace Inc. (Nasdaq: TALK) and Teladoc Health Inc. (NYSE: TDOC)’s BetterHelp. The senators are seeking clarity around how these platforms handle user information, particularly in relation to third-party access by tech giants like Facebook and Google. At the center of their concern is digital mental health data privacy—a topic that has increasingly become a flashpoint as virtual care platforms grow in popularity and scope. The senators are demanding detailed explanations of data collection, retention, usage, and sharing practices, with a deadline of July 6 to respond.
COVID-Era Growth Raises New Privacy Questions
The explosive growth of digital mental health services during the COVID-19 pandemic expanded access to care for millions. But it also generated vast amounts of sensitive data that could be vulnerable to misuse. The senators’ letter connects this growth to broader concerns about how tech companies handle personal data, citing risks of microtargeting and data exploitation.
“We have long been concerned about the misuse of personal data by Big Tech companies and unscrupulous data brokers, especially for the purpose of microtargeting vulnerable populations,” the senators wrote. They warn that existing policies at companies like Talkspace and BetterHelp may be allowing third parties to access personal and medical information, which would present serious digital mental health data privacy risks.
Specific Accusations Involving Facebook and Google
The letter draws on reporting by Jezebel, which alleged that BetterHelp shared usage metadata—including how often users opened the app and when they messaged therapists—with Facebook. This level of detail could enable deep behavioral profiling. The senators point to such practices as a violation of digital mental health data privacy principles, especially when users may be unaware of how their information is being utilized.
Talkspace, meanwhile, is accused of preventing users from deleting therapy chat logs and using those conversations to fuel internal research and marketing strategies. If accurate, this practice could undermine patient trust and highlight the need for stricter digital mental health data privacy standards across the industry.
Talkspace Replies, BetterHelp Stays Silent
Talkspace responded swiftly. Mary Potter, the company’s Chief Privacy Officer, issued a statement affirming the company’s commitment to patient confidentiality and its willingness to comply with the Senate’s request.
“Any focus on patient privacy is always a worthwhile cause. We look forward to clarifying any of our privacy policies and protocols, as they are the center of our business practices,” Potter stated. She noted that some of the allegations may be based on unverified or incorrect information, but did not specify which.
BetterHelp has not issued a public comment, leaving key questions about its digital mental health data privacy practices unanswered.
A Treasure Trove of Mental Health Data
Talkspace and BetterHelp operate not only as therapy providers but also as data platforms. Their business models are deeply rooted in the collection and analysis of user interactions. Talkspace reports an enormous dataset:
- Over 100 million anonymized messages
- 5 billion words exchanged through therapy chats
- More than 1 million psychological assessments
- 500,000 diagnoses and nearly 800,000 therapist notes and ratings
These numbers illustrate the sheer volume of deeply personal information handled by the platform. While such data can be used to improve care delivery, it also raises critical digital mental health data privacy concerns if not properly safeguarded or if shared beyond clinical purposes.
Teladoc, which owns BetterHelp, reports that the service generated more than $700 million in 2021 and accounts for one-third of the company’s revenue. The company conducted approximately 15.4 million telehealth visits in the same year, underscoring the influence these platforms have in shaping the future of behavioral health—and the magnitude of their digital mental health data privacy responsibilities.
Balancing AI Innovation With User Protections
Talkspace uses artificial intelligence to analyze therapy transcripts to identify effective treatments and evaluate therapist performance. These innovations are often marketed as value-adds for users and clinicians. However, without strong safeguards, they also present ethical dilemmas and potential infringements on digital mental health data privacy.
Stakeholders across healthcare are increasingly skeptical of data-driven innovations that prioritize operational efficiency at the expense of patient consent and confidentiality. Especially in mental health, where stigma and vulnerability are already barriers to care, trust can be easily eroded if users feel their private moments are being commodified or surveilled.
Legal Reforms May Follow
This Senate inquiry is not an isolated event. It reflects a growing push among policymakers to establish clearer and stronger digital mental health data privacy regulations. Discussions around HIPAA modernization, data broker accountability, and federal privacy laws are accelerating—and digital mental health platforms will be central to those debates.
Depending on how Talkspace and BetterHelp respond, the senators could pursue hearings, legislative actions, or collaboration with federal regulators. Their efforts may also inspire states to implement new protections for digital health users, especially in areas where federal law has fallen behind the pace of technology.
A Pivotal Moment for the Industry
This inquiry places Talkspace and BetterHelp under a microscope—but other digital health companies should take note. The outcome could shape expectations for transparency, patient rights, and the ethical use of artificial intelligence. Companies that embrace proactive and user-centered digital mental health data privacy policies will be better positioned to earn long-term trust.
The stakes go beyond compliance. As digital therapy becomes more mainstream, the industry must ensure that growth does not come at the cost of safety and ethics. Mental health treatment requires confidentiality, compassion, and choice—values that must also be reflected in the way data is handled.
Conclusion: Protecting Privacy in Digital Therapy
Virtual mental health platforms are reshaping how care is delivered. But with great innovation comes great responsibility. At the heart of this Senate investigation is a simple but profound principle: people seeking help deserve to know how their data is used, and they deserve to be protected from harm.
As lawmakers, providers, and patients navigate this rapidly evolving landscape, one thing is clear—digital mental health data privacy must become a non-negotiable foundation for care delivery. For Talkspace, BetterHelp, and others, now is the time to lead with integrity, transparency, and a renewed commitment to ethical practice.
