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Science investigation finds consumer EEG makers use brain data to train AI without clear disclosure

A yearlong Science review of 57 consumer EEG companies' privacy policies found that firms building brain foundation models rarely told users their recordings were used for AI training.

A yearlong investigation published by Science on November 4 reviewed the privacy policies of 57 consumer companies that collect EEG data and found that firms training AI “brain foundation models” generally did not say so in those policies. According to Inside BCI’s account of the report, only six companies said outright that they would not sell brain data, and more than two-thirds allow data to pass to a new owner after an acquisition. Interaxon, maker of the Muse headband, updated its policy to mention model training after Science asked about it. Emotiv told the magazine it trains its model partly on data from users of its higher-end devices. A companion piece covers EEG fatigue monitors worn by workers in China.

The findings add to pressure for rules on neural data, which Colorado and California already treat as sensitive. Science did not publish its full list of companies.

Learn more: Neural data · MIND Act coverage

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