Summary:

• Colorado passes first-in-nation law to protect privacy of biological or brain data, which is similar to fingerprints if used to identify people.
• Advances in artificial intelligence have led to medical breakthroughs, including devices that can read minds and alter brains.
• Neurotechnology devices, such as Emotiv and Somnee, are used for health care and can move computers with thoughts or improve brain function and identify impairments.
• Most of these devices are not regulated by the FDA and are marketed for wellness.
• With benefits come risks, such as insurance companies discriminating, law enforcement interrogating, and advertisers manipulating brain data.
• Medical research facilities are subject to privacy laws, but private companies amassing large caches of brain data are not.
• The Neurorights Foundation found that two-thirds of these companies are already sharing or selling data with third parties.
• The new law takes effect on Aug. 8, but it is unclear which companies are subject to it and how it will be enforced.
• Pauzauskie and the Neurorights Foundation are pushing for a federal law and even a global accord to prevent brain data from being used without consent.