House Bill 397 aims to enhance privacy protections for individuals using mental health digital services by establishing confidentiality standards and outlining penalties for noncompliance. The bill specifies that mental health digital services, which include mobile applications and websites that collect or use information related to an individual's mental health or substance use disorder, must adhere to the disclosure and confidentiality provisions outlined in Title 50, chapter 16, part 5. It also allows individuals whose information is improperly disclosed to seek remedies as provided in existing law.

Additionally, the bill defines "mental health digital service" and clarifies that these services must not only collect and use sensitive information but also market themselves as providing mental health support. The language of the bill includes a deletion and insertion to refine the definition of these services, ensuring clarity in the legal framework. Overall, the legislation seeks to protect the privacy of individuals engaging with digital mental health resources while providing a mechanism for accountability in cases of data breaches.