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Minnesota: Bill establishing neurodata rights introduced to Legislature

House Bill 1904 for an act relating to data privacy; establishing neurodata rights; modifying certain crimes to add neurodata elements; providing civil and criminal penalties; amending Minnesota Statutes 2022, sections 13.04, by adding a subdivision; 609.88, subdivision 2; 609.891, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 325E, was introduced and read for the first time, on 16 February 2023, in the Minnesota House of Representatives, and thereafter referred, on the same date, to the Commerce Finance and Policy Committee. In particular, the bill provides definitions for 'consciousness bypass', 'brain-computer interface', and 'neurotechnology', and establishes that an individual has the right to mental privacy.

Furthermore, the bill sets out that a government entity must not, without informed consent, collect data transcribed directly from brain activity, and that an individual has the right to cognitive liberty. Moreover, the bill provides that a government entity must not interfere with the free and competent decision-making of the individual when making neurotechnology decisions.

Lastly, the bill establishes that each time an individual connects to a brain-computer interface, the company responsible for recording and storing the data must provide notice of what the data may be used for by the company, and the third parties with which the data will be shared, and that the individual must provide consent for each use and third party, and approve each use and third party using a separate consent form.

You can read the bill here and track its progress here.