Colorado Becomes First U.S. State to Protect Consumers’ Brainwave Data
In a groundbreaking move, Colorado Governor Jared Polis signed the first legislation in the United States to safeguard the data collected from a person’s brainwaves.
This landmark bill responds to the rapid advancements in neurotechnology, which have made scanning, analyzing, and selling mental data increasingly feasible and profitable.
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- With new legislation, Colorado becomes the first U.S. state to protect consumers’ brainwave data.
- The law addresses concerns over the rapid advancement and commercialization of neurotechnology.
- Major tech companies are developing brain-reading technology, prompting the need for increased consumer protection.
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Colorado Becomes First U.S. State to Protect Consumers’ Brainwave Data
The bill’s sponsors, State Representative Cathy Kipp and State Senator Kevin Priola emphasized the importance of establishing a clear framework to protect Coloradans’ data from being used without their consent while still allowing these new technologies to develop.
They noted that neurotechnology is no longer limited to medical or research settings and that the industry currently operates without regulation, data protection standards, or equivalent ethical constraints regarding consumer products.
The Neurorights Foundation, a non-profit organization promoting the ethical development of neurotechnology, supported Colorado’s bill and released a report assessing the industry’s data privacy protections, which were found to be often weak or non-existent.
The new law specifically targets consumer products outside of a hospital setting, as medical privacy laws already cover neurotechnologies used in clinical settings.
Major technology companies, such as Meta Platforms (the parent company of Facebook and Instagram) and Elon Musk’s Neuralink, are actively developing technology that can detect and potentially commercialize brain activity.
Mined brain data has countless applications, including targeted advertising, exploiting human moods, increasing sales, or regenerating lost brain function.
The U.S. Food and Drug Administration recently approved human studies for Neuralink’s brain implants, which had previously been tested on animals.
Additionally, Synchron, a competitor to Neuralink, is preparing to recruit patients for a large-scale clinical trial required to seek commercial approval for its device.
As the neurotechnology industry continues to grow and evolve, other governments worldwide are also working to increase consumer protections related to neurotechnological products.
Colorado’s pioneering legislation serves as a significant first step in ensuring that individuals’ brainwave data remains protected and under their control, setting a precedent for other states and nations to follow.
