Do the new neural data privacy laws cover the recordings from a Neuralink trial implant? · Grey Matter
Largely not.
Do the new neural data privacy laws cover the recordings from a Neuralink trial implant?
Largely not. The California act, to which SB 1223 added neural data, does not apply to information collected in research conducted under applicable ethics rules, including clinical trials, nor to protected health information held under medical privacy law, and the Colorado act has similar exemptions. Recordings from implants in clinical studies are therefore governed by research ethics, trial protocols and health privacy rules, while the neural data laws target consumer devices, a gap that matters once implants move from trials to products.