In 2021, Chile was the first country in the world to amend its constitution to protect “mental integrity,” and this year, Colorado and California have extended their states’ privacy laws to protect neural data.
Governor Gavin Newsom recently signed into law a bill amending the California Consumer Privacy Act to classify "neural data" as protected personal information along the lines of precise geolocation, genetics and biometrics.
The NGO entity, NeuroRights Foundation, that co-sponsored the bill sees this as an “enormous victory” for patients suffering from mental health disorders as well as for consumers simply looking to enhance their lives with new technologies.
The California law sends "a clear signal to the fast-growing neurotechnology industry" to protect people's mental privacy, noted NeuroRights Foundation General Counsel, Jared Genser, in a press release.
With new sensory products being released into the market, there is a risk that brainwave data could be shared with third parties to personalize advertisements depending on someone’s mood or energy level as it fluctuates.
"In the coming years, the sensitivity of neural data will increase alongside surging investments," the NGO predicted.
If neural data is not adequately protected, brain hacking could follow. Brain hacking refers to the altering of cognitive processes or level of function. Cybercriminals can use these techniques for illegal purposes.
