First-in-the-Nation Neural Data Protections Bill Passes Senate

DENVER, CO – Today, the Senate advanced bipartisan legislation to add biological and neural protections to the Colorado Privacy Act.

As technology has advanced, there has been an increase in the volume and type of personal data being generated, collected, stored and analyzed, including neurotechnology. With neurotechnology, users cannot decide what specific neural information they are disclosing. HB24-1058, cosponsored by Senator Mark Baisley, R-Sedalia, would expand the definition of “sensitive data” in the Colorado Privacy Act to include all biological data, including neural data.

“Neurotechnology is no longer confined to medical or research settings, it’s in devices we use every day,” said Priola. “Outside of these settings, neurotechnologies can currently operate without regulation, data protection standards, or equivalent ethical constraints. While neurotechnology has made significant progress in recent years, it’s important we protect users so that their sensitive information isn’t being collected without their control.”

Neurotechnology has increased in popularity in recent years. Scientists and tech companies like Apple, Meta and Neuralink have used neurotechnology to recreate songs from users’ brain waves and translate thoughts using artificial intelligence. Additionally, neural data can reveal intimate information about individuals including identity, health, mental states, emotions and cognitive functions. This type of data can easily be commodified and sold to advertisers, for example.  

In 2021, Chile was the first country in the world to pass a law to protect brain rights so personal neural data could not be sold, trafficked or manipulated. If HB24-1058 becomes law, Colorado will be the first state in the US to protect their residents’ biological and neural data.

HB24-1058 now heads to the Governor's desk for his signature. Follow its progress HERE.