These days, we’re coming across new technologies capable of reading our brain waves while we sleep, meditate and even when we use dating apps.

We can’t disagree that, although it’s innovative, our biological and neural data is extremely sensitive, as it demonstrates everything we are, feel and think.  

For these reasons, the state of Colorado, in the United States, has introduced a new bill to make the protection of this data more extensive, with the aim of protecting consumers, who may suffer from the lack of regulation by major companies.

The new law will serve as an extension to the Colorado Privacy Act, making companies face even stricter regulations on how they can handle this data. 

As well as being the first law to be passed in the United States for this purpose, it is hoped that it will serve as an example for other states to do the same, although California and Minnesota are moving in a similar direction.

In Brazil, measures are already being taken to protect neural data. 

Through Bill 522/22 the aim is to regulate, through insertions in the General Personal Data Protection Law (LGPD), information obtained by central nervous system activities, whether by invasive or non-invasive technology, in order to protect mental privacy and personal autonomy.  

According to the bill, the processing of neural data will only take place when the data subject consents, for specific purposes, even in clinical circumstances.

We can agree that neural data is the most personal when it comes to the privacy of each individual. 

It is extremely necessary to have a regulation that aims to protect individuals in their privacy, so that their data is not misused by technology companies. 

In this way, the new bills that are emerging show great progress in the protection of sensitive personal information.

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Authors: Daniela Russo, Advogada Júnior and Cesar Peduti Filho, Peduti Advogados

Fontes: 

https://www.nytimes.com/2024/04/17/science/colorado-brain-data-privacy.html?utm_source=the_news&utm_medium=newsletter&utm_campaign=23-04-2024 

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Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.

If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho