Here's an important article to read this week from Proof News: https://www.proofnews.org/womans-talkspace-therapy-app-sessions-exposed-in-court/
A former employee filed a pregnancy discrimination claim. And as part of the defense, the employer obtained a court order to access the employee’s Talkspace therapy records -- including private messages with her therapist.
We’re not just talking about progress notes here, which we know can be subpoenaed (and why "less is more" and clinical judgement matter so much). We’re talking about other digital records too...
In this case, private messages.
And in future cases?
What other digital records or footprints (or... transcripts) are our therapy sessions creating?
This story should make us think about any output from therapy sessions and where it is sent and stored. And if the data simply never existed in the first place, it cannot be produced for a court order like this one.
