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US senators introduce the MIND Act to study protections for neural data

The bill would have the FTC review how brain and nervous-system data is collected and used, as more states pass their own neural privacy laws.

1 min readPolicy & ethicsRegulation

Senators Maria Cantwell, Chuck Schumer and Ed Markey have introduced the Management of Individuals’ Neural Data (MIND) Act. It is the first major federal bill aimed specifically at brain data.

What the bill does

The MIND Act wouldn’t create new rules right away. It would direct the Federal Trade Commission to:

  • study how neural data is governed under existing law,
  • identify gaps and risks, such as data used to predict or influence behaviour, and
  • recommend national standards, while protecting beneficial medical, scientific and assistive uses.

The bill defines neural data broadly: information from measuring activity in the central or peripheral nervous system. That would cover consumer EEG headbands and wristbands that read muscle signals, as well as medical implants.

The state patchwork

Four US states (Colorado, California, Montana and Connecticut) already treat neural data as sensitive personal information that requires clear consent. Other states are considering similar bills, so companies face a growing set of different state rules.

Learn more: Neurorights · Neural data

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