Montana, other states pass privacy laws to protect brain data collected by devices
MONTANA, JUL 23 – Montana, Colorado, and California passed laws to safeguard neural data from misuse, with unanimous support and calls for federal regulation amid growing neurotechnology risks, advocates said.
- Recently, Colorado, California and Montana enacted laws safeguarding brain data collected by devices outside medical settings, and these measures passed unanimously or nearly unanimously.
- Amid growing bipartisan support, states moved to protect brain information, reflecting rare bipartisan agreement, as neurotechnology advances improve the ability to unlock sensitive mental and emotional data.
- Montana state Republican Sen. Daniel Zolnikov emphasized, 'You have complete rights over this information,' and the law requires express consent and separate opt-out for neural data disclosure, involving Neuralink and Synchron.
- In April, the U.S. Senate Committee on Commerce, Science, and Transportation asked the FTC to investigate exploitation of brain data; by June, the AMA called for increased regulation, and Sean Pauzauskie said Montana’s law serves as a blueprint for a national neural data law.
- Although current BCIs have limited scope, the researchers said, advocates caution that future devices could extract innermost thoughts and medical conditions, and the Yale’s Digital Ethics Center researchers recommend safeguards for BCI security.
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Montana joins the list of states that have passed privacy laws to protect brain data collected by devices
Montana is among the states that have recently required safeguarding brain data collected by devices outside of medical settings. That includes headphones, earbuds, and other wearable consumer products that aim to improve sleep, focus, and aging by measuring electrical activity and sending the data to an app on users’ phones.


'Complete rights': Montana privacy law protects brain data collected by devices
Colorado, California and Montana are among the states that have recently required safeguarding brain data collected by devices outside of medical settings.

Montana, other states pass privacy laws to protect brain data collected by devices
Colorado, California, and Montana are among the states that have recently required safeguarding brain data collected by devices outside of medical settings.
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