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States Pass Privacy Laws to Protect Brain Data Collected by Devices

COLORADO, CALIFORNIA, MONTANA, JUL 16 – New laws require businesses to safeguard brain data generated outside medical settings as neurotechnology advances, with unanimous support and calls for national neural rights legislation.

  • The Colorado statute stands out as the first comprehensive AI framework, Tyler Thompson said, taking effect on Feb. 1, 2026, and requiring companies to plan for compliance.
  • Advocates for brain data protection raised concerns years ago about neural data use, cautioning that current devices gather basic info while future tech could extract sensitive personal details.
  • Risk management frameworks and stringent consent measures define the new protections, as Colorado and Montana require express consent before neural data collection and sharing.
  • Several Democratic members of the U.S. Senate Committee on Commerce, Science, and Transportation asked the FTC to investigate potential brain data exploitation, and a failed federal freeze has created a patchwork of state regulations for U.S. companies with national operations.
  • For Daniel Zolnikov, Montana’s law points toward a national neural data privacy framework, while Sean Pauzauskie said AMA-backed efforts pave the way for broader regulations.
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Daily News Update broke the news in on Wednesday, July 16, 2025.
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