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Colorado Amends Colorado Privacy Act by Adding Protection for Neural Data

22 May

Update Applicable to:Effective date
All covered entities under the CPA90 days after the final adjournment of the general assembly – See Details Below

What happened?

On April 17, Colorado Governor Jared Polis signed into law HB 24-1058, which amends the Colorado Privacy Act definition of Sensitive Data to extend privacy rights to individuals’ neural and biological data, becoming the first that explicitly addresses them.

What are the details?

As a response to advances in neurotechnology, which provide insight into, monitor, or affect brain and nervous system activity, including “devices capable of recording, interpreting, or altering the response of an individual’s central or peripheral nervous system to its internal or external environment.” This has Neuralink and similar companies all over as inspiration.

Businesses that collect, process, or share neural data are now subject to the same privacy requirements and consumer protections that apply to other types of personal information.

Some critics state that the definitions used, particularly “neural data” and “biological data,” are vague and ambiguous. For a breakdown of this critique click here.

Although the amendment is set to take effect 90 days after the final adjournment of the general assembly if a referendum is filed (section 1 (3) of article V, against the act or a section, then it (the act or section) will not take effect unless approved by the people on the general election to be held in November 2024 and in such case, will take effect on the date of the official declaration of the vote thereon by the governor. 

Business Considerations

  • Covered entities should create or update their policies and practices to comply with the new requirements under the CPA.
  • Covered entities should monitor if a referendum is filed or not, to corroborate if the effective date changes.

Source References


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