The Future. Colorado is the first state to pass a law that ensures your biological and neural data receive the same protections as your fingerprint or biometric data, joining similar laws in countries like Spain and Mexico. With firms like Apple, Meta, and Neuralink already working on tech that could collect such data, Colorado’s law could be the blueprint for federal legislation.
Thought policeIn Colorado, your thoughts are now considered sensitive personal data.
Colorado Governor Jared Polis signed a bill that bars consumer neurotechnology companies — like the ones behind sensor-filled meditation bands and implantable brain chips — from freely sharing and selling that data to third parties.
Users of these products will be able to access, delete, and correct their data on file and opt-out of targeted advertising served from the sharing of that data.
And it puts strict regulations on how companies handle, store, and use that data, requiring audits for how it’s collected.
The law comes at a crucial time — a Neurorights Foundation study of the privacy policies of 30 consumer neurotech companies found that only one company restricted access to user data, two-thirds could sell data if they wanted to, and two had already sold data.
In other words, your brain is open for business.
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