Today is World Mental Health Day. It has been celebrated annually on 10 October since 1992. Then, it was led by the World Federation for Mental Health, a network of international mental health advocates. In this blog post, we talk about the inter between mental health and privacy.
What is the link between mental health and privacy?
Just like privacy, mental health is a basic human right. Everyone, irrespective of who they are and where they come from, has a right to the highest attainable standard of mental health. Good mental health is essential to our overall health and well-being. Yet, according to WHO, “one in eight people globally are living with mental health conditions, which can impact their physical health, their well-being, how they connect with others, and their livelihoods. Mental health conditions are also affecting an increasing number of adolescents and young people.”
The relationship between mental health and privacy is complex and multifaceted. Privacy plays a critical role in safeguarding individuals' mental well-being. Here are some key points that illustrate this relationship:
Privacy, autonomy, and well-being: Privacy gives individuals a sense of control over their personal information and one’s personal life, which is crucial for mental health. Having control over what is shared and with whom can reduce anxiety, promote self-esteem, and protect against feelings of vulnerability. When people feel their privacy is respected, they experience lower levels of stress and anxiety. Conversely, if privacy is breached, it can lead to severe psychological harm, including depression, anxiety, and trauma, especially when their sensitive personal information is exposed. This is an important factor organisations should consider when developing and implementing security safeguards.
Stigma, discrimination and disclosure of mental health information: Many mental health conditions are still stigmatised, making privacy vital for protecting individuals from discrimination. For individuals with mental health conditions, privacy is essential to protect against social stigma. If someone’s mental health status is disclosed without consent, it can lead to discrimination in personal and professional settings, reinforcing social isolation and potentially worsening symptoms. The ability to choose when, how, and to whom to disclose information about our mental health is crucial. Privacy gives individuals the autonomy to control their narrative and decide who has access to sensitive details about their mental health.
Mental health, sensitive personal information and PIPA
Mental health privacy is a key consideration in privacy laws and regulations such as Bermuda’s PIPA, which under section 7 considers mental health sensitive personal information. Under PIPA’s section 7, along with race, national or ethnic origin, and other protected characteristics, physical and mental health constitute sensitive personal information. Under subsection 7(2), organisations are forbidden from using sensitive personal information to discriminate against any person contrary to any provision of Part 2 of the Human Rights Act 1981.
Overall, protecting privacy is not just about safeguarding sensitive personal information; it's about protecting the emotional well-being, dignity, and autonomy of individuals, which is deeply intertwined with their mental health, and fostering an environment where individuals feel safe, respected, and empowered to manage their mental health.
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