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ARTICLE · 12 JUNE 2025

Don't Mind If I Do: Montana Says Hands Off Neural Data

This amendment reflects a growing nationwide recognition of the sensitivity of neural data and positions Montana, alongside California and Colorado, at the forefront of its regulation.

United StatesPrivacy

In May 2025, Montana enacted Senate Bill 163 (SB 163), amending that state's Genetic Information Privacy Act (MGIPA) to include protections for neurotechnology data—namely, data collected from the activity of the central or peripheral nervous system.

This amendment reflects a growing nationwide recognition of the sensitivity of neural data and positions Montana, alongside California and Colorado, at the forefront of its regulation. For companies that operate in this evolving space, the law introduces new compliance obligations, particularly around consent, notice, and research uses. The law will become effective on October 1, 2025.

SB 163 Overview

The MGIPA applies to entities that offer consumer genetic testing products or services directly to a consumer or collect, use, or analyze genetic data. The law protects genetic data, and SB 163 broadens the scope to include "neurotechnology data" in many of its existing provisions, such as requiring entities

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