If you open your device with fingerprint or face scanning, you may be okay with tech companies having some of your biological data. Now, the rise of neurotech wearables is also putting your brain waves on the table.
On Wednesday, Colorado’s governor signed a document bill state expansion applicable privacy laws to include neurological data or brain activity. The bill added brain waves under the biological data umbrella, defined as “data generated by technological processing, measurement or analysis of biological properties, composition or activity , genetic, biochemical, physiological or neurological of an individual or of an individual.” the body or its functions.”
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This includes records of your fingerprints and face, which tech companies increasingly have, as well as ADN. Before the bill, only fingerprints and facial images were protected in Colorado.
Neurotech uses electroencephalography (EEG), a method of measuring brain activity using electrodes. Invasive brain-computer interface (BCI) – like Neuralink or Sync — are implanted in the body and are therefore considered medical devices, meaning they are regulated under higher data protection. But non-invasive neurotech, like wearables that use EEG, are considered consumer devices – and they’re not yet regulated.
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Consumer products that incorporate EEG have been around for a while – companies like Feeling And NeuroSky has been exploring technology for fitness, digital health and even perfume for nearly a decade. Meta, Apple et Take a snap are working on their own devices.
There are many unregulated neurotechnology wearables available, ranging from earphone Headbands promise better sports performance for you think. This technology monitors, analyzes, and at least in some cases records your brain activity.
Colorado’s legislation was passed to address growing consumer BCI privacy concerns. The bill states: “Data relating to the activity of the human brain and broader nervous systems, also known as “neural data”, is extremely sensitive and can reveal private information about individual, including information about health, mental state, emotions and cognitive function”.
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In the wrong hands, that data could be used against individuals by companies or third parties. ONE report from Neurorights Foundation found that 29 of the 30 companies surveyed “appear to have access to consumer neural data and place no meaningful limits on this access.”
The report also mentions several recent studies that contribute to “the growing scientific consensus that neural data collected by non-invasive devices can indeed decode human thought.” ”, a privacy weakness if left unprotected.
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EQUAL artificial intelligence – which is notoriously data-intensive for training – has exploded into the mainstream over the past two years, along with general concerns about the collection and sale of user data. AI in the tech industry remains relatively unregulated, and the US has fallen behind Europe terms data privacy laws.
Colorado’s move is a small but notable step in the right direction. California And Minnesota is making similar progress, but there is still no policy on neurological data at the federal level.
