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DENVER, CO - On August 7, first-in-the-world legislation goes into effect to add biological and neural protections to the Colorado Privacy Act.
“Big technology companies are making remarkable progress with technology that uses biological and neural data, but without proper privacy protections in our state law, this data can be used and sold without consent,” said Rep. Cathy Kipp, D-Fort Collins. “Neurotechnology outside the medical setting has made significant advancements, especially for people with disabilities, and the advances in this field are coming quickly. Wearable technology purchased by consumers today increasingly has the ability to read thoughts. The next frontier in this field is influencing people’s thoughts and behavior. Our first in the nation law protects Coloradans’ from these invasions of privacy while continuing to encourage technological advancements.”
“Neurotechnology is no longer confined to medical or research settings, it’s in devices we use every day,” said Senator Kevin Priola, D-Henderson. “Outside of these settings, neurotechnologies can currently operate without regulation, data protection standards, or equivalent ethical constraints. While neurotechnology has made significant progress in recent years, it’s important we protect users so that their sensitive information isn’t being collected without their control.”
HB24-1058, also sponsored by Representative Matt Soper, R-Delta, and Senator Mark Baisley, R-Woodland Park, expands the definition of “sensitive data” in the Colorado Privacy Act to include all biological data, including neural data.
Neurotechnology has become increasingly popular in recent years. Scientists and tech companies like Apple, Meta and Neuralink have used neurotechnology to recreate songs from users’ brain waves and translate thoughts using artificial intelligence. It also has the potential to alter someone’s thoughts and behaviors.
In 2021, Chile was the first country in the world to address this issue by amending their constitution to protect brain rights so their personal neural data could not be sold, trafficked or manipulated. With HB24-1058 going into effect, Colorado is the first state in the US to protect their residents’ biological and neural data and the first in the world to pass a law on this issue.