Colorado Becomes the First State to Explicitly Protect “Neural Data”
Colorado has amended its privacy statute, the “Colorado Privacy Act,” to explicitly protect “neural data.” The new amendment, signed into law by Governor Jared Polis on April 17, 2024, adds both “neural data” and “biological data” as defined terms under its umbrella of “Sensitive Data” to be protected in accordance with the statute, and which cannot be collected without first obtaining the consumer’s consent.
The new amendment defines “neural data” as “information that is 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.” “Biological data,” which was a previously undefined term under the statue, now means “data generated by the technological processing, measurement, or analysis of an individual’s biological, genetic, biochemical, physiological, or neural properties, compositions, or activities or of an individual’s body or bodily functions,” if the data is “intended to be used, singly or in combination with other personal data, for identification purposes.” The amendment further clarifies that “biological data” includes “neural data.”
To read the full post, please visit our Biometric Privacy Insider blog.