New California law extends consumer privacy protection to brain data

A new law in California, in the United States, has extended consumer privacy protection to brainwave data gathered by implants or wearable devices.

It’s an important step forward, however, federal or global legislation is needed to ensure neural data is protected worldwide.

This comes after Governor Gavin Newsom over the weekend signed into law a bill amending the California Consumer Privacy Act, the state’s spin on the General Data Protection Regulation in Europe, to classify “neural data” as protected personal information along the lines of precise geolocation, genetics and biometrics.

New law ‘an enormous victory’

Users will get to opt out of neurotechnology companies selling or sharing their data and can request to see what data a firm holds, limit that data, or demand a correction or deletion.

Neurorights Foundation medical director Sean Pauzauskie called the California law “an enormous victory” for patients suffering from mental health disorders as well as for consumers simply looking to enhance their lives with new technologies.

“The essential privacy guardrails it ensures should only boost confidence in all varieties of these revolutionary neurotechnologies, the great majority of which are based in California,” Pauzauskie said.

California is the second state to extend data protection to brainwaves, on the heels of Colorado putting in place a law requiring privacy safeguards along the lines of what is done for fingerprints, according to AFP.

NeuroRights Foundation general counsel Jared Genser said the California law sends “a clear signal to the fast-growing neurotechnology industry” to protect people’s mental privacy.

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Brain info

A growing number of consumer technology products promise to help address cognitive issues: apps to meditate, to improve focus and to treat mental health conditions like depression.

These products monitor and record brain data, which encodes virtually everything that goes on in the mind, including thoughts, feelings and intentions.

South African-born billionaire Elon Musk with his Neuralink startup is among those striving to link brains and computers.

In July this year, Musk envisioned Neuralink implants were going beyond restoring sight to the blind to giving people infrared or ultraviolet vision or letting them share concepts with others telepathically.

“We want to give people superpowers,” Musk said. “Not just that we’re restoring your prior functionality, but that you actually have functionality far greater than a normal human.”

“The company hopes to have devices in patients numbering “in the high single digits” by the end of the year, he said during a broadcast on social media platform X (formerly Twitter).”

While the new law is an important step forward, federal or global legislation is needed to ensure neural data is protected worldwide.

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