Is a headband that measures blood oxygen in the cortex collecting neural data under the law? · Grey Matter

The answer is not settled.

Is a headband that measures blood oxygen in the cortex collecting neural data under the law?

The answer is not settled. fNIRS measures haemoglobin in the blood vessels of the cortex, a signal that follows neural activity without being it, while both state laws define neural data as information generated by measuring the activity of the nervous system. California adds that neural data must not be inferred from non-neural information, a clause that a company could read as excluding vascular signals and a regulator could read the other way, since the blood response is used precisely as a measure of neural activity. Colorado's broader category of biological data, which includes physiological properties used for identification, may cover such signals anyway.