Colorado law expands to protect brain data from gadgets

Colorado took a large step on Wednesday by extending its privacy regulations to protect brain data collected by the growing range of devices used for monitoring sleep, fitness, sports, and daily habits.

The Neurorights Foundation, a nonprofit organization, worked with the state to make legal protection for neurological information gathered by consumer devices not covered by current privacy laws governing medical data.

Under the newly made legislation, Colorado broadened the scope of its 2021 privacy act to also cover the protection of neural data. This includes data related to the activity of someone’s nervous system, processed by wearable devices.

The foundation hopes to raise awareness about the potential risks that come with such devices, such as headbands for sleep enhancement, meditation earpieces, and sensors for improving athletic performance.

According to Jared Genser, co-founder of the foundation, these types of devices, which can interface with the nervous system, often can record or maybe influence brain activity without users being fully aware of the extent of data collection or manipulation.

The foundation’s research did manage to reveal that many companies developing such devices collect more brain data than needed for product functionality and often share this data with third parties in secret.

As technology advances, concerns about potential abuses, such as the manipulation of brain activity, is becoming more of an issue. Yuste warned of the possibility of companies selling devices capable of not only recording but also altering brain functions.

The fast progress in technology will naturally raise questions about data security and the ethical use of such this. With tech giants like Apple exploring brain-sensing technologies, the need for laws to protect consumers is a must.