‘Wild West’ of neuroscience drives new laws on brain privacy

‘Wild West’ of neuroscience drives new laws on brain privacy

U.S. neurologist Sean Pauzauskie has started using consumer headbands, designed to monitor sleep patterns or boost brain function, for capturing the brain activity of patients suffering from seizures. These headbands are cheaper and easier to use compared to traditional hospital equipment, and they capture similar electronic data. Advances in brain science have facilitated the capture and interpretation of detailed brain data flows, with some experiments showing the possibility of manipulating thoughts through neurological intervention. Researchers at the University of Texas have used AI to predict words running through a participant’s head based on electronic brain images. This technology has helped paralyzed patients communicate via brainwaves and assisted in rewiring dormant neural pathways after spinal injuries. Pauzauskie expressed both excitement for the insights this technology can provide and concern over the potential for abuse of brain data. Consequently, he joined a coalition advocating for privacy guarantees for brain data in Colorado, leading to legislation that passed the Colorado assembly and is now before the state senate. Similar bills are under consideration in Minnesota and California. The Colorado law would categorize neural data as “sensitive data,” requiring companies to obtain consent before collection and to allow customers to limit data use and request deletion. The United States lacks federal privacy laws specifically addressing neural data, and the Neurorights Foundation is working to enshrine rights for the brain globally.