Evidence · laws

5 states. 0 federal laws.

Status as of September 14, 2026. 5 states have written neural data into statute; Vermont did it twice, once as a rights declaration with no enforcement and once inside a privacy act that takes effect in 2028. 9 bills in 6 states were introduced in the first six weeks of 2026. The federal bill is a study bill with no hearing. Arkansas has introduced nothing.

Enacted state law

StateBillSignedEffectiveWhat it doesDefinition of neural dataEnforcement
Colorado HB 24-1058 (Session Laws ch. 68) April 17, 2024 August 7, 2024 Amended the Colorado Privacy Act to add "biological data," expressly including neural data, to sensitive data. First state to do so. Opt-in consent before processing; access, deletion and correction rights; opt-out of sale, targeted advertising and profiling. Information generated by the measurement of the activity of an individual’s central or peripheral nervous systems and that can be processed by or with the assistance of a device. Attorney General and district attorneys. No private right of action.
California SB 1223 (Stats. 2024, ch. 887) September 28, 2024 January 1, 2025 Amended the California Consumer Privacy Act to add neural data to sensitive personal information. Consumers may limit use and disclosure to what is reasonably necessary; opt-out of sale or sharing; access, deletion and correction rights. Information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is not inferred from nonneural information. California Privacy Protection Agency and Attorney General.
Montana SB 163 May 1, 2025 October 1, 2025 Amended the Genetic Information Privacy Act to cover neurotechnology data. Express consent before collection, use or disclosure; separate consent for transfer to third parties, marketing, sale, disclosure to insurers or employers, and storage outside the United States. Passed 49 to 1 in the Senate and 99 to 0 in the House. Information captured by neurotechnologies, generated by measuring the activity of an individual’s central or peripheral nervous systems, or data associated with neural activity, and that is not nonneural information. Attorney General; actual and statutory damages. No private right of action.
Connecticut SB 1295 (Public Act 25-113) June 24, 2025 July 1, 2026 Amended the Connecticut Data Privacy Act to add neural data to sensitive data and removed the volume threshold for controllers that process sensitive data. Opt-in consent before processing; separate consent before sale. Any information that is generated by measuring the activity of an individual’s central nervous system. Narrowest of the five; wrist-worn nerve-to-muscle sensing falls outside it. Attorney General. No private right of action; no mandatory cure period.
Vermonttext to confirm S. 71 (Act No. 145), Vermont Data Privacy and Online Surveillance Act June 16, 2026 January 1, 2028 Vermont’s comprehensive consumer privacy law. Lists neural data among the categories of sensitive data that require consent before processing; access, deletion, correction and opt-out rights. Activity measured from the central nervous system (paraphrase; verbatim statutory text not yet confirmed). Attorney General exclusively; 60-day cure period through June 30, 2029. No private right of action.
Vermontrights statute H. 814 (Act No. 101), 18 V.S.A. § 1891 May 18, 2026 On passage Created a "Neurological Rights" chapter recognizing six rights, including mental and neural data privacy, freedom of thought, and protection from unauthorized access to or manipulation of brain activity. No definitions section, no obligations binding on private parties, no enforcement specified; the state AI Advisory Council reports by January 15, 2027. None. The act has no definitions section. None specified.

Introduced, not enacted

The federal bill and the 2026 state bills, with where each one stopped.

JurisdictionBillStatus
United StatesS. 2925, MIND Act of 2025 (Schumer; Cantwell, Markey)Introduced and referred to Senate Commerce September 29, 2025. No hearing, no markup, no House companion as of September 14, 2026. A study bill: directs the FTC to examine neural-data governance and recommend standards.
CaliforniaAB 1883 (workplace surveillance tools)Passed both chambers; presented to the Governor September 10, 2026, deadline September 30, 2026. Would bar employers from AI surveillance tools that collect neural data or identify a worker’s emotional state.
CaliforniaAB 1542 (CCPA amendment)Passed the Legislature August 31, 2026; awaiting the Governor. Would prohibit the sale or sharing of sensitive personal information, including neural data.
MassachusettsH.103, folded into the Massachusetts Data Privacy Act (S.2619)Senate 40 to 0 (September 25, 2025); House 146 to 0 (June 4, 2026); in conference committee since June 17, 2026. Not enacted.
New YorkS9088A (data broker registration; defines neural data)Passed Senate 51 to 10 on June 3, 2026; died in the Assembly at session end.
AlabamaHB 263 (neural data from health and fitness apps)Passed House 103 to 0 on February 26, 2026; died on the Senate calendar.
IllinoisSB 2994 and HB 5179SB 2994 died in committee (May 22, 2026). HB 5179 failed in House Judiciary-Civil, 3 to 14, March 26, 2026.
ArkansasNoneNo neural-data bill has been introduced. Biometric data has been personal information under the Personal Information Protection Act since Act 1030 of 2019.

Courts and the rest of the world

United States Supreme Court

Carpenter v. United States, 585 U.S. 296 · June 22, 2018

Held that the government's acquisition of historical cell-site location records from a carrier is a Fourth Amendment search, rejecting the argument that a person gives up all privacy in data merely because a company holds it.

Chile

Law No. 21.383 (constitutional amendment) and Law No. 21.719 · October 14, 2021; December 13, 2024

Amended Article 19 No. 1 of the Constitution so that scientific and technological development must "especially safeguard brain activity, as well as the information derived from it." Law 21.719 treats neurodata as sensitive personal data. In Girardi v. Emotiv (August 9, 2023) the Supreme Court ordered Emotiv to delete the plaintiff’s brain data.

UNESCO

Recommendation on the Ethics of Neurotechnology · Adopted November 5, 2025; in force November 12, 2025

Non-binding. Covers mental privacy and neural data, freedom of thought, the inviolability of the human mind, non-therapeutic use in children, and workplace monitoring.

European Union

AI Act, Article 5(1)(f) and Article 50 · Applicable February 2, 2025 and August 2, 2026

Prohibits AI systems that infer the emotions of people in workplaces and schools from biometric data, with penalties up to EUR 35 million or 7 percent of global turnover. Transparency duties for emotion-recognition systems from August 2, 2026.

Why a written refusal matters while the law is unsettled

Each state law above turns on consent. A company that collects neural data from a resident of those states without consent has a compliance problem. A written refusal, delivered to the company's registered agent and signed for before any collection, is the clearest record of non-consent a person can create. In the 45 states without such a law, the same document fixes the date on which the company knew.

None of this is legal advice, and none of it predicts how a court would treat a notice. Ediflo.AI, LLC is not a law firm.

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