Can my advisor legally ask for my therapy records?

I’m a graduate student, and my advisor (Ms. L) tried to get my therapy records without my consent. She even contacted my therapist (Ms. S), lying that I trust her and want my personal info shared. I do not trust Ms. L at all, and she doesn’t have my permission. Is this against any laws like FERPA or HIPAA? What can I do?

Yikes, that sounds super messed up. But I don’t think FERPA covers medical stuff like therapy. FERPA is more about educational records.

AdvocateAce4 said:
Yikes, that sounds super messed up. But I don’t think FERPA covers medical stuff like therapy. FERPA is more about educational records.

Yeah, I think FERPA is only for school-related records. For medical things, HIPAA probably applies more.

@Peyton
Exactly. If your therapist shares info without your permission, that’s when HIPAA would get involved.

Is HIPAA something the therapist follows? Not the advisor, right? So basically, your advisor can’t get in trouble under HIPAA, but your therapist could if they shared without consent.

Fallon said:
Is HIPAA something the therapist follows? Not the advisor, right? So basically, your advisor can’t get in trouble under HIPAA, but your therapist could if they shared without consent.

Right, that’s what I thought… so no punishment for the advisor? Just the therapist could get in trouble?

@Valen
Yeah, pretty much. But ethically, your advisor is way out of line. You should definitely file a complaint with the school.

Can you report the advisor to anyone at the school? Sounds super shady what they’re trying to do.

Ollie said:
Can you report the advisor to anyone at the school? Sounds super shady what they’re trying to do.

I was thinking of doing that. Just wasn’t sure if they’d take it seriously since it’s more of an ethical issue than a legal one.

@Valen
You should definitely report it! Even if it’s not illegal, the school might take some action if they see it’s inappropriate.

This might not be illegal, but it’s definitely super unethical. I’d contact your therapist directly and tell them not to share anything with your advisor. Also, file a complaint with the department head.

@Amos
Good point. I’m gonna talk to my therapist and tell her not to release anything. Hopefully, the school takes my complaint seriously too.

Not cool at all. I’d be super uncomfortable if my advisor did that. Is there someone higher up you can talk to, like a dean or ombudsman?

Rylan said:
Not cool at all. I’d be super uncomfortable if my advisor did that. Is there someone higher up you can talk to, like a dean or ombudsman?

I think I’ll have to. This is just so stressful.