Colorado Protects Brain Wave Privacy With First Neurodata Law

Colorado has become the first state to explicitly extend privacy rights to a person’s neural data under a law signed Wednesday by Gov. Jared Polis (D).

The law (H.B. 24-1058) adds data generated by activity in the nervous system to the personal information covered by Colorado’s existing consumer privacy law. Companies must treat neural data as sensitive information and secure consent before collecting or processing.

Neurotechnology, including devices that can record, monitor, or alter a person’s brain activity, pose emerging privacy concerns for regulators. Meta Platforms Inc. is among companies exploring such technology, including to help people who ...