California Gov. Gavin Newsom signed a new law over the weekend that protects brain data from being misused by neurotechnology companies.
The new law is an amendment to the state’s consumer privacy law that took effect on January 1, 2020. It targets consumer technology products that monitor and record brain data, according to the New York Times.
California’s latest law targets neural data generated by brain activity and the meshwork of nerves that extends throughout the body. It allows users to request, delete, correct, and limit the data that neurotech companies can collect on them. Users can also opt out of having their data shared or sold.
The bill as passed into law protects users’ biometric information as well, including physiological, biological or behavioral characteristics. It states that biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. Read the full bill here.
Newsom’s bill signing comes months after the California Senate approved SB 1223, which applied consumer protections to neural data.
“The neurotechnology industry has exploded globally over the last several years, and regulations need to continue to keep pace so that consumers have necessary protections that prevent the misuse of their sensitive personal information,” California state Sen. Josh Becker said in a news release at the time. “SB 1223 is an innovative, necessary measure that will prevent the unethical use of your neural data by companies who collect it.”
The new California law passed in both the California State Assembly and the Senate with no voter opposition, the New York Times reported. The NYT also reported that the bill had support from medical and privacy regulatory organizations, including the American Academy of Neurology, which represents more than 40,000 neuroscientists and neurologists in the U.S. It was co-sponsored by the Neurorights Foundation.
What are neurotechnologies?
While medical devices follow FDA laws, consumer neurotechnology devices do not.
According to a report from the Neurorights Foundation, neurotechnology refers to devices designed to record or alter brain and nervous system activity. These devices can measure neural activity directly, such as with an electroencephalogram (EEG), or indirectly, like using an fMRI to monitor blood flow related to neural activity. Neurotechnologies incorporate electronic, optical, magnetic, and other systems to influence nervous system responses to internal or external stimuli.
“This prescient bill will ensure that the brain data of citizens of California will be adequately protected in the future,” said Jared Genser, co-founder of the Neurorights Foundation, in a news release. “This seems critical as we are entering a new era of consumer-grade neurotechnology that could revolutionize our society.”
A key component of neurotechnology is brain-computer interfaces (BCIs), which enable communication between the brain and external devices. BCIs can be invasive, requiring surgical implantation, or non-invasive, using wearable devices. Invasive BCIs, such as cochlear implants and deep brain stimulators, are regulated as medical devices, while non-invasive BCIs often face minimal oversight.
