Spring 2026 Issue

Legal Challenges: As Social Work Becomes Increasingly Digital, Social Workers Must Exercise Caution
By Tim Davis, PhD, LSCSW
Social Work Today
Vol. 26 No. 2 P. 5

Digital tools have revolutionized social work. Telehealth, data storage devices, and AI-assisted tools made it much easier—and faster—to take notes, store sensitive client data, and meet with clients. But these tools also introduce legal implications that can put social workers and their clients at risk. Social workers need to know which digital tools they should and shouldn’t use to protect their practice and, most importantly, their clients.

Before the rise of AI and advanced technology, social workers operated almost entirely manually. They took notes on paper, carried around heavy paperwork, and stored client files in large metal cabinets. When meeting with clients, sessions were limited to in-person interactions, requiring additional travel time and planning.

But all that’s changed. Speech-to-text software now takes notes in a matter of seconds, social workers can meet with clients online even if they’re on the other side of the state, and data storage has moved to cloud services. These advancements save significant time and reduce administrative hassle, but they also expose social workers to heightened risk, including data breaches, confidentiality violations, and licensing violations.

A crucial fact social workers must remember is that if a digital platform or application isn’t HIPAA compliant, they can’t use it. While platforms like Zoom, FaceTime, or Messenger may feel convenient for client interactions, and Google Gemini can help with real-time note-taking, those platforms are not HIPAA compliant and can expose social workers to serious legal consequences.

Imagine a social worker uses Google Gemini to record a sensitive client meeting or ChatGPT to write client reports. If their account gets hacked or there’s a data leak, private client information can get into the wrong hands, putting their clients’ safety at risk. In such cases, clients won’t sue the platform for damages; they will sue their social worker for negligence. HIPAA violations can also result in hefty fines and licensing board complaints. That level of risk isn’t worth the convenience.

Best Practices
Instead, social workers should rely on HIPAA-compliant platforms that are specifically designed for health care and behavioral health use. Using these websites and software significantly reduces social workers’ risk of jeopardizing themselves and their clients’ sensitive information. That said, no digital platform is entirely secure. Social workers must remain vigilant and take reasonable precautions to ensure their practice and clients’ data remain protected.

Before clients set foot into a social worker’s office or join a telehealth session, they should understand how technology is used in their practice, the risks involved, and how those risks may affect them. Social workers have an ethical responsibility to clearly communicate these risks during initial disclosures and to consistently practice informed consent. They should also strengthen data protection efforts by avoiding note storage on shared devices, unsecured cloud drives, or unprotected documents.

Protecting clients also means protecting oneself. Social workers should never practice without professional liability insurance. It is best practice for every social worker to carry an individual professional liability policy, even if the social worker is employed by an agency that purchases a plan to cover its employees. Should a claim arise, an individual policy will focus on the individual social worker’s interests rather than the agency’s. The best policies will also provide free consultation services and continuing education to keep their policyholders updated on legal and ethical boundaries and to help them steer clear of unintentional malpractice.

To avoid costly missteps, social workers should regularly review their insurance policies, the social work code of ethics, and state laws. Each state has its own rules regarding technology and telehealth use. Any mix-up between state-specific laws—or mistakenly thinking that laws like the Social Work Licensure Compact are already in effect—can result in disciplinary action or loss of license.

Social work is an ever-evolving field. Understanding technological risks, practicing informed consent, and staying current with state and professional regulations are not optional; they’re essential and are simply good practice.

Technology offers clear benefits for social workers, but it should never come at the expense of professional integrity or client safety. When used thoughtfully and ethically, technology can enhance care and support better outcomes for the people social workers serve.

— Tim Davis, PhD, LSCSW, is the chair of the department of social work at Fort Hays State University and the risk management subject matter expert at Preferra Insurance Company RRG, a behavioral health liability insurance company overseen by social workers.