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ARTICLE · 16 OCTOBER 2024

California And Colorado Establish Protections For Neural Data

ArentFox Schiff
ArentFox Schiff
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When one hears the term "neural data," a brain implant comes to mind, alongside concerns about these neurotechnologies being able to read our innermost thoughts.

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When one hears the term "neural data," a brain implant comes to mind, alongside concerns about these neurotechnologies being able to read our innermost thoughts. Generally, implantable devices such as these are considered medical devices and are regulated as such. External devices, however, are becoming more commonplace. Devices assisted by artificial intelligence (AI) technologies are adding an extra layer of accuracy when measuring individuals' interactions with their environments and complexity when that data is combined with non-neural data.

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For example, last year, a large technology company announced that it was developing augmented reality glasses and wrist devices which would contain a "neural interface" that would allow control of these devices, although the specific functionality has yet to be revealed. Consumers can also purchase a headband that uses electroencephalogram (EEG) technology to measure electrical activity in the brain during meditation

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