Bass, Berry & Sims attorneys Alessandro Colangelo, Alexandria Davenport and Roy Wyman co-authored an article for HR.com providing insight on how lawmakers are moving to protect neural data before brain-monitoring tools become mainstream surveillance systems.
With recent advances in neurotechnology, it’s increasingly becoming possible to measure one’s nervous system, thoughts and observable physical attributes. “On the beneficial side, clinicians have long harnessed brainwave patterns to manage depressive disorders and assess brain injuries,” said the authors. “Unfortunately, the potential for misuse is high. Many neurotechnologies can collect data continuously, creating detailed records of brain signals that, while meaningless to humans, can be deciphered by machine-learning tools.”
The United States has not yet adopted comprehensive federal neural data protections. The attorneys explained that many policymakers nationwide find a need for robust neural privacy protection. Many states are continuing to draft legislation addressing neural data, with four bills already in effect. “However, the laws are far from uniform, creating a moving target for compliance,” they said.
“For companies developing or deploying neurotechnologies, proactive planning is critical. Building strong governance, transparency, and user-control mechanisms early will help them innovate responsibly and ride the (brain) wave to compliance,” the attorneys said.
The attorneys highlighted the best practices for companies to begin the process, including the recommendation that companies should map their downstream use, disclosure, and retention practices.
The full article, ““You Read My Mind”: Neural Data and the New Wave of Biometric Privacy Protections,” was published by HR.com on June 2 and is available online.