Letter to the Mayor, Chancellor & Commissioner of Health: serious privacy concerns with the city's promotion of Teenspace online mental health services

  

Last Tuesday, Parent Coalition for Student Privacy, NYCLU and AI for Families sent a letter to the Mayor, Chancellor Banks, and the Commissioner of Health, expressing our deep privacy concerns with the city's contract with  Talkspace, and their promotion of their online mental health services for teens, called Teenspace.  Both the Mayor and Chancellor Banks have repeatedly hyped the great quality of these services and encouraged students to sign up, including Banks at a town hall meeting last weekend.  There are also links to Teenspace on the DOE website and on the websites of individual NYC public schools. 

The city is paying $26 million for these services, despite the fact that Teenspace collects a huge amount of very sensitive personal information from students before they even create an account  or are given access the company's privacy policy – and much of this information would be barred from collection by the federal student privacy law PPRA without parental knowledge and opt out, if DOE had contracted for these services rather than the city's Department of Health.  The list of these extremely sensitive questions is included in an appendix to our letter. 

To make things worse, the Teenspace privacy policy says students' personal data can be used for marketing purposes, which would be prohibited by the NY Ed Law 2D, again if the DOE had signed the contract. In 2022, several US Senators wrote to Talkspace, pointing out how the company also appeared to be taking advantage of a “regulatory gray area” in HIPAA, to exploit the data of their clients for profit. 

Especially with all the breaches and misuse of student data by DOE contractors, the privacy of NYC students should be better protected than this. As the letter notes, there has also been widespread consumer complaints about Talkspace’s inadequate counseling services and the overcharging of clients.  Our letter was covered by  Daily News , Chalkbeat , State Scoop  and K12 Dive.

After sending the letter, we additional learned that Talkspace has been sued in California for sharing the personal information of website visitors and those who signed up for accounts with TikTok, including the personal information of minors, only adding to our concerns.