Does US law protect the recordings of a consumer EEG headband? · Grey Matter

In some states it does, and these headbands are the case the laws were written for.


Does US law protect the recordings of a consumer EEG headband?

In some states it does, and these headbands are the case the laws were written for. Colorado in April 2024 and California in September 2024 added neural data to the sensitive data of their consumer privacy acts, so in Colorado a company needs a user's consent before processing the recordings, and in California users can limit their use to the service they asked for and have them deleted. Federal law has no equivalent: a headband sold for wellness falls outside medical privacy rules, and elsewhere its data are governed mostly by the company's own policy, and a 2024 review found that 29 of 30 companies appeared to keep access to them with no meaningful limits.