Colorado Leads the Way in Protecting Consumer Neurodata Privacy
Consumers have long been aware that their personal data is being 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 and invasive.
Governor Jared Polis of Colorado recently signed a groundbreaking bill that aims to protect the privacy of neural data for the first time in the United States. The new law expands the definition of “sensitive data” to include biological and neural data generated by the brain, spinal cord, and nerves.
Advocates of the bill, such as Jared Genser of the Neurorights Foundation, emphasize the importance of protecting such personal and intrusive data. 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. Investments in neurotechnology companies have risen significantly, indicating a growing interest in this field.
While some brain technologies have led to breakthrough treatments, concerns about privacy and data security remain. A recent report by the Neurorights Foundation found that many consumer neurotechnology companies do not adequately protect neural data.
The new Colorado law has received bipartisan support but faced opposition from private universities concerned about limitations on research and teaching activities. Similar legislation is being considered in Minnesota and California, with other countries also taking steps to protect brain-related data.
Proponents of the Colorado law hope it will set a precedent for other states and potentially lead to federal legislation. While the law has limitations, it represents a significant step forward in protecting neural data and ensuring consumer privacy in the digital age.
