Colorado Governor Jared Polis has signed a groundbreaking law aimed at protecting consumers’ brainwave data from unauthorized use.
By yourNEWS Media Newsroom
In a pioneering move, Colorado Governor Jared Polis signed legislation on Wednesday that establishes protections for brainwave data, marking the first such measure in the United States. The new law addresses growing concerns over the privacy and commercial use of neurobiological information.
State Representative Cathy Kipp, a key proponent of the bill, emphasized the dual necessity of fostering neurotechnology while safeguarding personal data. “While advancements in the neurotechnology field hold great promise for improving the lives of many people, we must provide a clear framework to protect Coloradans’ personal data from being used without their consent while still allowing these new technologies to develop,” Kipp stated.
Echoing this sentiment, State Senator Kevin Priola noted the expansion of neurotechnology beyond traditional boundaries. “Neurotechnology is no longer confined to medical or research settings,” Priola remarked. He highlighted the lack of regulatory oversight in the consumer market, pointing out the absence of “regulation, data protection standards, or equivalent ethical constraints.”
Support for the legislation came from the Neurorights Foundation, an advocate for ethical neurotechnology development. The foundation praised the Colorado bill as a pioneering step in the U.S. and concurrently released a report evaluating the neurotechnology industry’s approach to data privacy, which it found severely lacking.
The law clarifies that while neurotechnologies used clinically are protected under existing medical privacy laws, consumer products remain largely unregulated. The legislation seeks to fill this gap.
Among the notable companies involved in neurotechnology are Meta Platforms (META.O), parent company of Facebook and Instagram, and Elon Musk’s Neuralink. These firms are developing technologies that could utilize brain activity data for various commercial purposes, from advertising to enhancing consumer engagement.
The U.S. Food and Drug Administration approved human trials for Neuralink’s brain implants last year, following initial animal testing. Furthermore, this month, the CEO of Synchron, a competitor to Neuralink, disclosed to Reuters plans to initiate a large-scale clinical trial aimed at gaining commercial approval for its device.
As Colorado takes the lead in regulating neurotechnology, other nations are also working to enhance consumer protections in this rapidly evolving field.