Lexology May 21, 2024
MinterEllison

The Colorado Privacy Act has recently been amended to protect “neural data”. We explore the key changes and whether Australia’s Privacy Laws are keeping pace.

Key takeouts

  • Neurotechnology is no longer limited to research and medical spaces. We are already seeing more products capable of detecting, monitoring, and analysing brain activity.
  • Under the Colorado Privacy Act, biological and neural data has been defined as sensitive and cannot be used without the individual’s consent.
  • This article examines the current state of play internationally and in Australia.

On 17 April 2024, the Colorado House and Senate passed a Bill (No. 24-1058) to protect the privacy of individuals’ biological data and neural data (the Bill). The Bill...

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