Lexology May 13, 2025
Montana has now become the third state in the US, following Colorado and California, to enact a privacy law that specifically protects neural data – that is, data collected from activity of the central or peripheral nervous system. The law was passed by the Montana Legislature with an overwhelming majority and became law on May 2, after 10 days passed without the governor signing or vetoing it. It will become effective on October 1, 2025.
This is an important development in mental privacy because neural data can be used to derive private information about a person’s mental states, emotions and cognitive functioning, and, according to the Montana Legislature, can even be used to manipulate brain activity.
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