Senators Take Aim at Talkspace, BetterHelp’s Privacy Policies

Key U.S. Senators want to dig into how digital mental health apps operate with Big Tech counterparts and have picked Talkspace Inc. (Nasdaq: TALK) and Teladoc Health Inc. (NYSE: TDOC)’s BetterHelp as case studies.

Sens. Elizabeth Warren (D-MA), Cory Booker (D-NJ), and Ron Wyden (D-OR) sent letters to the two companies asking for information about data shared with other companies, patient data protections and policies on informing patients about how the data is used.

The letter specifically identifies Google and Facebook.

Advertisement

The letter notes the huge increase in the use of digital mental health companies fueled by the pandemic. It also makes connections between the rise in virtual mental health use, the data companies like Talkspace and BetterHelp accumulate and Democrat’s previous claims of abusive behavior by Big Tech companies.

“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 letter states. “Unfortunately, it appears possible that the policies used by your company and similar mental health platforms allow third-party Big Tech firms and data brokers, who have shown remarkably little interest in protecting vulnerable consumers and users, to access and use highly confidential personal and medical information.”

The two companies have until July 6 to deliver information to the three senators.

Advertisement

“Any focus on patient privacy is always a worthwhile cause,” Mary Potter, chief privacy officer at Talkspace, said in a statement. “We look forward to clarifying any of our privacy policies and protocols, as they are the center of our business practices.”

Talkspace will comply with the request for information, Potter said, adding that some of the claims in the better were unverified or were not factual but did not specify which.

“We look forward to engaging directly with the senators to clarify any misconceptions,” Potter said.

BetterHelp has not responded to a request for comment.

The letter cites reports by the publication Jezebel that claims BetterHelp shared detailed data with Facebook including how often users opened the BetterHelp app and “metadata from every message shared on the platform – giving the company a sense of when, for how long, and where users were using mental health services.”

The letter also claims that Talkspace doesn’t allow users to delete chat logs with therapists. Moreover, the senators allege that treatment transcripts and individual conversations were mined for insights on research and marketing.

Behavioral Health Business has reported that Talkspace uses AI to assess transcripts of therapy sessions. In the aggregate, Talkspace said it looks for which types of care and which measurements lead to the best outcomes. AI and voice-based technologies are also used to assess the quality of individual therapists.

Talkspace and BetterHelp have a large market reach. The pair also have advanced capabilities in compiling data on patients. Further, providing care via digital means invariably results in the generation of mounds of data.

A number of digital health companies have pitched applying AI and machine learning to these troves of data to alleviate administrative burdens in behavioral health when paired with voice-based technologies. However, many stakeholders look at a growing number of innovations with skepticism and worry about intrusions on privacy.

Either way, virtual behavioral health and the revenue and data they generate are vital for Talkspace and BetterHelp.

Teladoc claims in filings with the SEC that BetterHelp is the “leader in the D2C therapy market, both in terms of the number of individuals enrolled and the number of providers who provide services on the platform.” Teladoc performed about 15.4 million telehealth visits in 2021.

BetterHelp pulled in over $700 million in revenue in 2021, according to Teladoc CEO Jason Gorevic. At that number alone, BetterHelp accounts for about a third of Teladoc’s revenue.

Talkspace, in its latest annual financial report, says that it has “vast” clinical data. Patient data is a key to value-based care.

Talkspace had about 64,500 active members at the end of the first quarter.

“Our data contain over 5 billion words sent by millions of users over 100 million anonymized messages,” the Talkspace annual financial report states. “We have over 1 million completed psychological assessments.”

Talkspace also has over 500,000 diagnoses, 800,000 progress and psychotherapy notes, and 800,000 therapist ratings. Teladoc doesn’t discuss specifics of its data set.

“We have a large and unique set of data points that gives us a longitudinal understanding of an individual’s clinical truth and enables us to engage in a holistic stepped care model,” Teladoc’s latest SEC annual financial filing states.

Companies featured in this article:

,