California introduces new consumer privacy protections for brain data

Sacramento, California - A new California law extends consumer privacy protection to brainwave data gathered by implants or wearable devices.

California consumer privacy law now covers brain data gathered by neural implants or other wearable devices.
California consumer privacy law now covers brain data gathered by neural implants or other wearable devices.  © IMAGO / Panthermedia

Governor Gavin Newsom over the weekend signed into law a bill amending the California Consumer Privacy Act to classify "neural data" as protected personal information along the lines of precise geolocation, genetics and biometrics.

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 NGO co-sponsored the bill with a state senator.

"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 in a release.

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

The California law sends "a clear signal to the fast-growing neurotechnology industry" to protect people's mental privacy, NeuroRights Foundation general counsel Jared Genser said in a release.

Genser argued for a national brainwave data privacy law.

Battle for neural data just beginning

Governor Gavin Newsom signed the amendment to California's Consumer Privacy Act over the weekend.
Governor Gavin Newsom signed the amendment to California's Consumer Privacy Act over the weekend.  © REUTERS

Protections under the California law include the right to know what brain data is being collected, limit its disclosure, and to be able to opt out or have it deleted.

The law applies to devices capable of recording or altering nervous system activity, whether they are implanted or worn, the NGO said.

The potential for devices to tap into how people feel or think has raised concerns they could be used to manipulate feelings or thoughts.

"In the coming years, the sensitivity of neural data will increase alongside surging investments...resulting in increased resolution of brain scans and larger datasets of brain data being collected," the NGO predicted.

"Meanwhile, generative artificial intelligence will continue accelerating the ability to accurately decode these scans."

Far-right billionaire Elon Musk with his Neuralink startup is among those striving to link brains and computers.

Musk envisions Neuralink implants going beyond restoring sight to the blind to giving people infrared or ultraviolet vision or letting them share concepts with others telepathically, ideas that have been trashed by medical experts.

Cover photo: IMAGO / Panthermedia

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