First-in-the-Nation Neural Data Protections Bill Advances

DENVER, CO - The House today advanced legislation in a preliminary vote to add biological and neural protections to the Colorado Privacy Act. 

“Companies like Apple and Meta are making amazing progress with technology that uses biological and neural data, but without proper privacy protections in our state law, Coloradans’ personal data can be used without consent,” said Rep. Cathy Kipp, D-Fort Collins. “While neurotechnology has made significant advancements, especially for people with disabilities, bad actors can also use this data to learn how to change people’s thoughts and behavior. Our bill will protect Coloradans’ privacy of thought while continuing to encourage technological advancements.”

HB24-1058, also sponsored by Representative Matt Soper, R-Delta, would expand the definition of “sensitive data” in the Colorado Privacy Act to include all biological data, including neural data.

Neurotechnology has become increasingly popular 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. It also has the potential to alter someone’s thoughts and behaviors.

In 2021, Chile was the first country in the world to pass a law to protect brain rights so their 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.