Colorado privacy law first to safeguard brain activity data
The importance of neural data in revealing various aspects of health, mental states, emotions, and cognitive function cannot be underestimated. Recently, Colorado took a significant step in protecting privacy by expanding its privacy law to include sensitive neural data. This innovative move makes Colorado the first state in the nation to safeguard this type of data. The decision to protect neural data came after concerns were raised about companies collecting and selling this information without people fully understanding the risks involved. According to The New York Times, neural data collection and sales have been on the rise, with big tech companies ramping up their efforts to develop products that could potentially earn them billions. Examples of these developments include Meta showcasing a wristband with a neural interface to control their smart glasses and unveiling an AI system that can decode the mind. Elon Musk's Neuralink also made headlines for implanting a brain chip in a human for device control via thoughts. Furthermore, Apple is reportedly working on brainwave-reading technology through its Apple Vision Pro. Neurotechnology has found many applications, from medical breakthroughs to personal uses like meditation assistance and improved matches on dating apps. However, not all users fully comprehend how their neural data may be used beyond these purposes. To address these concerns, Colorado's new law mandates that tech companies obtain consent before collecting neural data and be transparent about its use. Additionally, individuals should have easy access to their neural data, with the option to delete or correct any information that could identify them. Furthermore, companies must allow users to opt out of the sale of their neural data or targeted advertising that relies on this data. The ability to track brain activity in real time provides an unparalleled tool for targeted advertising. Consequently, the regulation of neurotechnologies becomes vital. The New York Times highlights that although these technologies grant access to our brain activity, they have remained largely unregulated in the United States until now. The push for privacy law updates in Colorado was initiated by Democratic State Representative Cathy Kipp. She introduced the bill after Sean Pauzauskie, a member of the Colorado Medical Society, alerted her to existing loopholes in state laws. Pauzauskie now serves as the medical director of The Neurorights Foundation, which is dedicated to promoting ethical neurotechnology innovation while protecting human rights. Neurotechnology advancements have proven crucial in allowing paralyzed patients to communicate through computers. However, as Kipp emphasizes, it is essential to have safeguards in place to prevent unwanted access to individuals' thoughts and biological data. Concerns over data sharing practices led Neurorights to survey the policies and user agreements of 30 consumer neurotechnology companies. The survey revealed that almost all companies had access to neural data, with two-thirds sharing it with third parties. Some companies even hinted at selling this data. However, only one company restricted access to neural data, and four companies explicitly stated that they do not sell it. While legislation similar to Colorado's is making progress in California and Minnesota, opposition from academic researchers and tech companies poses significant hurdles. Private universities opposed the law due to concerns about limitations on research and teaching activities involving neural diagnostics and research tools. TechNet, representing companies like Apple, OpenAI, and Meta, also advocated for changes in the bill. The American Civil Liberties Union (ACLU) raised concerns about the limitation of the law to cover only data that can identify individuals. They recommended comprehensive policies that restrict the collection, retention, storage, and use of all biometric data. However, despite its imperfections, Neurorights co-founder Jared Genser views Colorado's law as a step forward in protecting neural data. Neurorights hopes that the passage of Colorado's law will inspire federal lawmakers to take similar action in the near future. The organization celebrates Colorado as the first jurisdiction worldwide to legally define and protect neural data as sensitive information. This landmark decision paves the way for enhanced privacy regulations in the field of neurotechnology.