U.S. Senators Propose "MIND Act" To Study And Recommend National Standards For Protecting Consumers' Neural Data

Several weeks ago, U.S. Senators Cantwell (D-WA), Schumer (D-NY), and Markey (D-MA) announced plans to introduce the Management of Individuals' Neural Data Act of 2025 (the "MIND Act" or "Act") which would direct the Federal Trade Commission ("FTC") to study the collection, use, storage, transfer, and other processing of neural data, which "can reveal thoughts, emotions, or decision-making patterns," and certain related data that can reveal cognitive, emotional, or psychological states or neurological conditions. Currently, while there is no comprehensive federal privacy law or federal law covering neural data, a few states have amended their privacy laws to regulate certain aspects of neural data (as discussed below). The proposed Act would not create a new federal regulatory scheme but would instead direct the FTC to conduct a study, issue a report regarding its findings, identify regulatory gaps, and make recommendations to help safeguard consumer neural data and