Reclaiming informed consent to train mental health AI with patient data - Report - MDSpire

Reclaiming informed consent to train mental health AI with patient data

  • By

  • Carlos A. Larrauri

  • Nicole Martinez-Martin

  • John Torous

  • June 2, 2026

  • 0 min

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Clinical Report: Restoring Informed Consent for Utilizing Patient Data in Mental Health AI Training

Overview

This report discusses the use of patient data for AI training in mental health, emphasizing the need for explicit opt-in consent and patient-led governance.

Background

The integration of AI in mental health care raises ethical and legal concerns regarding patient consent and data use, often relying on vague terms of service.

Data Highlights

No numerical or trial data was provided in the source material.

Key Findings

['AI models in mental health are trained on therapy transcripts without explicit patient consent.', 'Current consent models often obscure data use.', 'There is a risk of reidentification of patients from deidentified data used in AI training.', 'Historical examples highlight the potential for exploitation in medical innovation.', 'Patient-led governance and explicit opt-in consent are proposed as necessary reforms.']

Clinical Implications

Healthcare professionals should be aware of the limitations of current consent models.

Conclusion

Reforming consent practices in AI training for mental health is discussed as a means to ensure patient autonomy.

Related Resources & Content

  1. American Medical Association, AMA Press Releases, 2026 -- AMA urges Congress to strengthen safeguards for AI chatbots
  2. HHS.gov, Summary of the HIPAA Privacy Rule, 2025 -- Summary of the HIPAA Privacy Rule
  3. American Psychological Association, Ethical guidance for AI in the professional practice of health service psychology -- Ethical guidance for AI in the professional practice of health service psychology
  4. European Data Protection Supervisor, Supervisory Opinion 1/2025 on health data -- Supervisory Opinion 1/2025 on the use of data subjects' consent for processing health data
  5. asco ai in oncology — Understanding Ethical—and Legal—Obligations to Inform Patients About AI Use in Their Care
  6. npj Digital Medicine — Legal Considerations of Incorporating AI into Standard Care and Its Effects on Patient Informed Consent: Insights from Surgical Practices
  7. npj Digital Medicine — Enhancing Governance of Healthcare AI with a Detailed Maturity Model Derived from Systematic Review Findings
  8. conexiant — What Patients Aren’t Telling You: AI in Mental Health Care
  9. What Patients Aren’t Telling You: AI in Mental Health Care
  10. Understanding Ethical—and Legal—Obligations to Inform Patients About AI Use in Their Care
  11. Legal Considerations of Incorporating AI into Standard Care and Its Effects on Patient Informed Consent
  12. Enhancing Governance of Healthcare AI with a Detailed Maturity Model Derived from Systematic Review Findings
  13. Summary of the HIPAA Privacy Rule | HHS.gov
  14. Ethical guidance for AI in the professional practice of health service psychology
  15. AMA urges Congress to strengthen safeguards for AI chatbots | American Medical Association
  16. Supervisory Opinion 1/2025 on the use of data subjects' consent for processing health data | European Data Protection Supervisor
  17. Efficacy of a Conversational AI Agent for Psychiatric Symptoms and Digital Therapeutic Alliance: A Randomized Clinical Trial | Trials | JAMA Network Open | JAMA Network
  18. Depression intervention using AI chatbots with social cues: a randomized trial of effectiveness - ScienceDirect
  19. Psychiatry.org - How AI is Being Used in Psychiatry: An APA Member Survey
  20. An Artificial Intelligence Code of Conduct for Health and Medicine: Essential Guidance for Aligned Action | The National Academies Press

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