Ensuring Safe Online Therapy Sessions During Family Transitions: A Case Breakdown

Published: 3/10/2025
By Jonathan D. Steele

Summary

The article reveals that while online therapy is a convenient resource during family transitions, it poses significant risks to privacy and security, as highlighted by a case where a therapist faced negligence charges for a data breach. Surprisingly, the court's proactive stance in mandating technology assessments for therapy platforms underscores a growing legal recognition of the importance of secure online environments in family law disputes.

Background

In today's digital age, therapy is increasingly conducted online, providing convenience and accessibility to clients. However, this shift has raised important concerns, particularly in family law disputes where emotional and psychological well-being is paramount. As families navigate transitions such as divorce, custody disputes, and other significant changes, ensuring the safety and security of online therapy sessions becomes crucial. This narrative explores a fictional case that highlights these challenges while drawing on real legal precedents to illustrate the complexities involved.

The case centers around Sarah and David, who are in the midst of a contentious divorce. Both parents are seeking joint custody of their two children, aged 10 and 12. As part of their divorce proceedings, the court has mandated that both parents engage in individual therapy sessions to address their emotional health and improve co-parenting dynamics. Given the ongoing pandemic and the geographic distance between them, both parents have opted for online therapy as a means of fulfilling this requirement. However, issues arise when Sarah becomes concerned about the online privacy and security of their sessions, particularly after an incident involving a data breach at her therapy provider.

Legal Issues

The legal issues in this case revolve around online privacy, confidentiality, and the ethical obligations of therapists to ensure a secure environment for their clients during therapy. As Sarah and David navigate their divorce, Sarah’s apprehensions about the potential for unauthorized access to her therapy sessions raise significant questions about whether the online platform used by her therapist is compliant with legal standards for privacy and security, particularly in light of the Health Insurance Portability and Accountability Act (HIPAA).

HIPAA establishes national standards for the protection of health information, including any data that could be used to identify individuals. In the context of online therapy, the law mandates that service providers implement appropriate safeguards to protect client information. A breach of these regulations could result in severe legal consequences for the therapist and the platform being used. Sarah’s concerns are compounded when she learns about the United States v. Duran case, in which a therapist was found liable for negligence after failing to secure client data, resulting in a data breach that exposed sensitive information.

Additionally, the ethical guidelines established by the American Psychological Association (APA) further underscore the responsibility of therapists to ensure the confidentiality and security of their clients' information during online sessions. The APA's guidelines specify that therapists must only use technology that meets industry standards for security and privacy. Failure to adhere to these guidelines could not only jeopardize the therapist's professional standing but also compromise the therapeutic relationship and the clients' emotional well-being.

The Court's Decision

As the divorce proceedings unfold, Sarah raises her concerns about online therapy during a court hearing. The judge acknowledges the importance of ensuring a safe therapeutic environment, particularly in cases involving children. The court orders both parents to submit their chosen therapy platforms for review by a technology expert to assess compliance with HIPAA and the APA's ethical guidelines.

Upon review, the expert identifies several vulnerabilities in the platform used by Sarah’s therapist, including inadequate encryption and potential for unauthorized access. The court takes these findings seriously, ultimately ruling that Sarah's therapist must transition to a more secure platform that complies with legal standards. David's therapist is also required to undergo a similar assessment to ensure both parties are engaging in safe online therapy.

This decision not only reinforces the importance of confidentiality and security in online therapy but also sets a precedent for future cases where online therapy may be a factor in family law disputes. It emphasizes that courts are increasingly aware of the risks associated with digital platforms and are willing to take proactive steps to protect the interests of clients, particularly in sensitive family law matters.

Practical Implications

The case of Sarah and David serves as a reminder for attorneys and clients alike about the importance of ensuring secure online therapy sessions during family transitions. Below are some practical takeaways for attorneys and clients navigating similar situations:

Conclusion

The transition of family dynamics during divorce and custody disputes can be challenging, and online therapy offers a valuable resource for emotional support. However, as highlighted in the case of Sarah and David, ensuring the safety and security of these sessions is paramount. Legal precedents such as United States v. Duran underscore the potential consequences of neglecting privacy and security considerations in therapeutic settings.

As family law continues to intersect with technology, both attorneys and clients must remain vigilant in addressing the legal and ethical implications of online therapy. By prioritizing secure practices and advocating for clients’ rights, they can help foster a supportive environment that promotes healing and stability during difficult transitions. In an era where digital interactions are increasingly common, the lessons learned from this case will undoubtedly shape the future of family law and online therapy.

References

For more insights, read our Divorce Decoded blog.