Consumers have become accustomed to the collection and resale of their personal data by various apps and digital services. With the rise of consumer neurotechnologies, this data collection is becoming even more intimate, with companies gaining access to users’ brain activity records. Colorado recently passed a groundbreaking law aimed at protecting this sensitive biological and neural data. The law expands the definition of “sensitive data” to include brain-related information and provides consumers with rights such as access, deletion, and correction of their data, as well as the ability to opt out of data sales for targeted advertising.
The new law targets consumer-level brain technologies, which previously went largely unregulated. Supporters of the bill raised concerns about the potential use of neural data to decode thoughts, identify mental health conditions, and discriminate against individuals based on brain waves. The law grants protections similar to those provided to biometric data, such as fingerprints and facial images, ensuring strict regulations on data handling by companies and requiring transparency about the information collected and its intended use.
The neurotechnology industry is poised for rapid growth, attracting major tech companies like Meta, Apple, and Snapchat. Investments in neurotechnology companies have been on the rise, with recent advancements, such as brain-computer interfaces, showing promise for breakthrough treatments. Despite the positive outcomes of some brain technologies, there is a need for safeguards to protect individuals who may not intend to have their thoughts read or biological data used without their consent.
The Colorado law faced opposition from private universities concerned about restrictions on neural diagnostics research and teaching. While the bill represents a significant step forward in safeguarding neural data, experts note that it may have limitations in its application to consumer neurotechnology companies. However, proponents of the law hope it will establish a precedent for other states and potentially pave the way for federal legislation in the future.
The bill has sparked discussions about the regulation of all biometric data, including neural data, and the importance of establishing stronger policies to govern data collection, retention, storage, and use. Big tech companies have expressed concerns about the law’s broad reach and potential impact on their data collection practices. While the law focuses on regulating brain data used for identification purposes, future legislation may address broader issues related to data generated by an individual’s body or bodily functions.
Overall, the new Colorado law represents a significant milestone in the protection of neural data and sets a precedent for other states to follow suit. The advancements in neurotechnology highlight both the potential benefits and risks associated with accessing and utilizing such intimate data. The law aims to strike a balance between promoting innovation and protecting individuals’ privacy rights in an increasingly digital and data-driven world.
