Law issued in the US that seeks to protect brain data: what is it about?

The protection of human brain data began to operate this week in the state of Colorado, thanks to a new law, the first in the United States, that protects this valuable private information.

With the signature of Governor Jared Polis, this measure went into effect on Wednesday aimed at protecting the neurorights of people, including privacy of the brain waves. The United States thus joins Chile, which in October 2021 became the first country in the world to include neurorights in its Constitution.

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The new Colorado law modifies previous laws to expand the definition of “sensitive data” (private), which now includes data “generated by the technological processingmeasurement or analysis of the biological, genetic, biochemical, physiological or neuronal properties, compositions or activities of an individual or of the body or bodily functions of an individual.”

The measure stipulates that these data may not be used “individually or in combination with other personal data, for identification purposes” of a particular person. State Rep. Cathy Kipp, the bill's author, said, “The things people can do with this technology are fantastic, but we just think there should be some barriers for people who don't intend to have their thoughts read.” and their biological data are used.

In addition, the law includes for the first time neural data (brain and peripheral nervous system activities) among the biological data already protected by privacy laws. “Data related to the activity of the human brain and nervous systems in general is extremely sensitive and can reveal intimate information about individuals, including information about health, mental states, emotions and cognitive functioning,” the law explains.

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Simultaneously, there is no “information appropriate” or about the privacy practices to protect that data or about the rights of patients or users of neurotechnologyso companies can share (sell) that data to third parties.

The report concludes that “consumer neurotechnology companies' current data security provisions are generally not equipped to safeguard neural data.” Although without mentioning it directly, it is a reference to the progress of NeuralinkThe company of Elon Muskwhich last March announced the first successful direct connection between a human brain and a computer.

The so-called Colorado Biological Data Privacy Protection Act received broad support in both chambers of the state Legislature, dominated by Democrats.

EFE