Neural Data Privacy Regulation: What Laws Exist And What Is Anticipated?

Introduction

Legislators at both the federal and state levels are taking steps to regulate the collection, use, and disclosure of neural data. In 2024, Colorado and California enacted the first U.S. state privacy laws governing neural data, and at least six other states are following suit in an attempt to increase privacy protections applicable to the use of neurotechnology.

Neurotechnology encompasses a broad range of devices that track brainwaves, including medical devices, consumer products (including some wearable devices, virtual reality systems, and even some smartphone applications), and invasive devices. Such technology has shown promising benefits, such as treating paralysis and predicting seizures. However, lawmakers have expressed concern regarding data misuse and even "brain-control weaponry" on the extreme end. The actions legislators and regulators take based on these concerns will have a significant impact on a variety of different types of