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The young neurotechnology space is filled with products that promise all types by reading their brain waves. It is controversial whether you actually meet a lot of functionality, but you have apparently succeeded in monetizing the data you collect from your brain. In A letter The democratic senators Chuck Schumer, Maria Cantwell and Ed Markay, which were sent to the Federal Trade Commission, called for an examination of the handling of user data by neurotech companies and ring the alarm bells that some are sold deeply sensitive and personal information.
According to the senators, there is a lack of official instructions in relation to BCI technologies (Brain Computer Interface), the companies that have opened and sell user-generated neural data without clear approval or understanding. “In contrast to other personal data, neural data – covered directly from the human brain – show mental illnesses, emotional conditions and cognitive patterns, even if they have anonymized the senators wrote. “This information is not only deeply personal; it is also strategically sensitive.”
Here is the catch when it comes to neurotech: While devices that are regarded as medical technology, as Elon Musk’s neuralink are considered, the data protection practices must comply with health insurance as part of the law on the portability and accountability (hipaa). Many Neurotech products show this category and promise people to help people Sleep better or Use fear and stress In a way that is not clinical, but often promotes (sometimes doubtful) Scientific support.
As proof of how unclear the current data on the data recording and protection landscape of data in the BCI area, the senators pointed to a 2024 Report by the Neurorights Foundation published This examined the data guidelines of 30 different neurotech companies with devices that are available to consumers without the consent of a medical specialist. The report showed that 29 of the 30 user data collect and “do not provide any meaningful restrictions”. It was also found that only half of the companies enable consumers to revoke the consent to data processing, and only 14 can delete their data.
There are some states in which protection for neural data is available. Colorado last year adopted an invoice Expansion of the scope of the Colorado Privacy Act to cover biological data. Likewise California Adopted a law in September to offer new data protection requirements in relation to brain data. But these protective stains are only a few and it is the wild west everywhere else.
The senators ask the FTC to change this by expanding the data reporting requirements for covering neuronal data and determining new protective measures to protect consumers from collecting and selling their brain data. Whether the current extremely understaffed And Not exactly consumer -friendly FTC under the Trump management will take these measures, which does not yet have to be seen.