Colorado Passes Landmark Privacy Law Protecting Neural Data
Consumers have long been aware that their personal data is collected and sold by the apps and digital services they use. However, with the rise of consumer neurotechnologies, the data being collected is becoming even more intimate. From monitoring brain activity for meditation coaching to interpreting brain signals for dating app matches, companies now have access to the electrical signals underlying our thoughts and feelings.
In response to this growing concern, Governor Jared Polis of Colorado signed a groundbreaking bill into law on Wednesday. This new law expands the definition of “sensitive data” to include biological and neural data generated by the brain, spinal cord, and nerves. It aims to ensure that such data remains truly private and protected.
Supporters of the bill, including Representative Cathy Kipp and Senator Mark Baisley, emphasized the importance of safeguarding neural data from being used to decode thoughts, feelings, or sensitive mental health information. The law grants consumers the right to access, delete, and correct their data, as well as opt out of data use for targeted advertising.
The neurotechnology industry is rapidly expanding, with major tech companies like Meta, Apple, and Snapchat getting involved. While these technologies have led to breakthrough treatments, concerns about privacy and data protection remain paramount.
The new Colorado law sets a precedent for other states and potentially federal legislation. However, experts note that the law may only apply to companies using neural data for identification purposes. Efforts are underway to establish global standards for protecting neural data, with countries like Chile, Brazil, and Spain already enshrining protections in their constitutions.
Overall, the Colorado privacy law represents a significant step forward in safeguarding personal and sensitive data, including neural information. As technology continues to advance, it is crucial to establish clear regulations and protections to ensure the privacy and security of individuals’ most intimate data.
