Your brain data will soon get new privacy protections in Colorado
DENVER (KDVR) — As the promise of linking computers to the human body comes into focus, the data produced by such a feat will soon get privacy protections in Colorado.
Gov. Jared Polis signed a bill into law this month that adds neural data protections to the Colorado Privacy Act. The law is the first of its kind in the country, according to state Rep. Cathy Kipp, a Democrat from Fort Collins who sponsored the measure.
“The advancements underway in this field have tremendous potential to improve the quality of life, especially for people with disabilities, which is why we must provide a clear framework to protect Coloradans’ personal data from being used without their consent while still allowing these new technologies to develop,” Kipp said in a release.
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House Bill 24-1058 adds biological data about a person’s body, which includes neural data, to the “sensitive data” definition under the Colorado Privacy Act. This classification gives data collectors stronger restrictions on what they can do with the data they take in.
Other prime bill sponsors include state Sen. Kevin Priola, a Democrat, and state Rep. Matt Soper and state Sen. Mark Baisley, both Republicans.
What data does the Colorado Privacy Act protect?
The Colorado Privacy Act was passed in 2021 and went into effect in July 2023. It gives Coloradans the right to access, delete or correct their personal data. Soon, it will also require a universal mechanism to opt out of personal data processing.
The new law adds additional protections for so-called “sensitive data.” Under current law, sensitive data includes any about a child under the age of 13, biometric data used to identify a person and data that reveals racial or ethnic origin, religious beliefs, mental or physical health conditions, sex life or orientation and citizenship status.
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People have to give consent for such data processing. But there are some exceptions, like if it’s not sold or shared with third parties or if the purpose for its collection is expressly disclosed.
Neural data will now get these protections when the law goes into effect. The law is set to go into effect 90 days after the legislative session adjourns on May 8.
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