Colorado Protecting Brain Data with New Consumer Protection Act 

Colorado passed a law to protect data derived from brainwaves from being misused, regulating the way it is used and sold. This new, first of its kind law, is also part of the Colorado Consumer Protection Act, set to redefine what is called “sensitive data” to include an additional term, “biological data”.

This term will cover a wide range of properties and rights that must be protected, from genetic and physiological data to neural data.  

The expansion is necessary because wearable technologies that track brainwaves are increasingly integrated into daily life. 

Neurotechnology is Promising, But… 

While medical devices like Neuralink’s brain chips are protected under strict privacy laws, they still face scrutiny due to concerns of their ability to collect patient data.  

Experts raised concerns that this BCI technology, which can interact with users’ thoughts, could be easily exposed to hacking or blackmail. If such incidents occur, no one will be able to know where and how this neural data is used. 

Wearable devices that use brainwaves, accessible for consumers through online platforms, are used for various purposes, such as transcribing thoughts and translating it, especially for people suffering from neurological disorders like Amyotrophic Lateral Sclerosis (ALS). These devices typically collect data to interpret and analyze it, delivering the desired results. 

Guardrails Are a Must 

The lead sponsor of this Colorado bill, Representative Cathy Kipp, stressed that there is a real need to put such technology within a legal framework, by setting “guardrails.” 

“We have entered the world of sci-fi here”, Kipp stated. “As with any advances in science, there must be guardrails.” 

Conversely, a recent study by The Neurorights Foundation mentioned that neurotechnology is an increasingly evolving field, to the extent that it could reach a tipping point. As this technology advances, the risk of privacy violations could be more prevalent, with companies exploiting the data without safeguards. 

“This revolution in consumer neurotechnology has been centered on the increasing ability to capture and interpret brainwaves,” said Dr. Sean Pauzauskie, medical director at The NeuroRights Foundation. 

Raphael Yusuf, professor of biological sciences and director, NeuroTechnology Center, Columbia University, added, “Brain data are too important to be left unregulated. They reflect the inner workings of our minds.” 

Final Thoughts 

The Colorado bill is a very major step towards the securing of personal data in the fast advancing, neurotechnology field.  

As brainwave-tracking devices make their way into daily life, so is the potential for their misuse. Companies might exploit this deeply personal information to the worst degree of privacy violations if not controlled. Indeed, the brain is not just an organ but retains the threads of thoughts, memories, and identity. It could be the greatest intrusion into our private lives if this access is allowed to remain unchecked.  

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