April 17 (Reuters) - Colorado Governor Jared Polis on
Wednesday signed into law the first measure passed in the U.S.
that aims to protect the data found in a person's brainwaves.
Sponsors of the bill said it was necessary as quick advances
in neurotechnology make scanning, analyzing and selling mental
data increasingly more possible - and profitable.
State representative Cathy Kipp, a sponsor of the
legislation, said in a statement that while advancements in the
neurotechnology field hold great promise for improving the lives
of many people, "we must provide a clear framework to protect
Coloradans' personal data from being used without their consent
while still allowing these new technologies to develop."
State senator Kevin Priola, another of the bill's sponsors,
said that neurotechnology "is no longer confined to medical or
research settings" and that when it comes to consumer products,
the industry "can currently operate without regulation, data
protection standards, or equivalent ethical constraints."
The Neurorights Foundation, a non-profit promoting the
ethical development of neurotechnology, said Colorado's bill,
which it supported, was the first of its kind in the U.S.
The foundation on Wednesday released a report assessing the
neurotechnology industry's data privacy protections, which it
said were often weak or non-existent.
The Colorado law notes that neuratechnologies used in a
clinical setting are already covered by medical privacy laws, so
the new measure is aimed at consumer products available outside
of a hospital.
Big tech firms - including Facebook and Instagram's parent
company Meta Platforms ( META ), along with Elon Musk's
Neuralink - are developing technology that can detect brain
activity then potentially put it to commercial use. Mined brain
data has endless potential, be it to better target ads, exploit
human moods, sell more stuff or regenerate lost brain function.
The U.S. Food and Drug Administration last year approved
human studies for Neuralink's brain implants, which had
previously been tested on animals.
Earlier this month, the CEO of Synchron, a rival to
Neuralink, told Reuters the company is preparing to recruit
patients for a large-scale clinical trial required to seek
commercial approval for its device.
Elsewhere around the world, other governments have been
working to increase consumer protections when it comes to
neurotechnological products.