Colorado, California, Montana, and Connecticut now classify neural data as sensitive personal data, Vermont joins them on January 1, 2028, and nine more bills landed across six states in the first six weeks of 2026 alone. AxiSentinel evaluates neurotechnology and AI systems that process brain data against whichever state's rules actually apply.
Last verified: 23 October 2026
1 industry-specific mandates and 61 that apply across all industries, worldwide.
Next date for this industry: 1 Nov 2026, Egypt PDPL compliance period ends.
See all 62 mandates →Neural data, brainwave, EEG, and other signals recorded from a consumer neurotechnology device, didn't exist as its own legal category before 2024. It now sits inside the same fast-moving state-by-state pattern AxiLayer already tracks for general AI law: each state defines it slightly differently, gives individuals a private right of action, and moves faster than any single federal rule.
A privacy-policy review happens once, at launch. AxiSentinel is built for what happens after: continuous evidence that a neurotechnology product's actual data handling matches whichever state's law applies to each user.
No US federal neural-data law exists yet, but the state patchwork is not the whole picture. Chile has given brain data constitutional protection since 2021, UNESCO adopted the first global ethics instrument for neurotechnology in November 2025, and the EU already reaches neural data through GDPR special-category treatment and the AI Act. AxiSentinel tracks all of it.
In force since August 7, 2024. Amends Colorado's Privacy Act to classify neural data as sensitive data requiring opt-in consent.
Extends the CCPA's definition of sensitive personal information to neural data, triggering the CCPA's existing opt-out and minimization obligations.
Effective October 1, 2025. Adds "neurotechnology data" to Montana’s genetic privacy act, defines "mental augmentation," and adds a warrant requirement for law enforcement access to neural data.
Effective July 1, 2026. Classifies neural data as sensitive personal data under Connecticut’s consumer data privacy law, making Connecticut the fourth US state with neural-data privacy protections in force, ahead of Vermont on January 1, 2028.
A proposed sector-specific neural-data restriction, stalled in Senate Assignments since 22 May 2026: would bar insurers and employers from using neural data in coverage or employment decisions.
Signed and effective May 18, 2026. Establishes neurological rights principles and mandates a state agency study of neurotechnology in health and human services.
Published October 2021. The first country in the world to give brain activity and the information derived from it constitutional protection.
Adopted November 5, 2025 at the 43rd General Conference. The first global standard-setting instrument on neurotechnology ethics, addressed to member states.
Neural data is not named in the GDPR text, but the European Data Protection Supervisor’s TechDispatch 1/2024 on neurodata confirms it will frequently qualify as a special category of personal data under Article 9. Separately, AI Act Article 5(1)(f) has prohibited inferring emotions from biometric data in workplaces and educational institutions since February 2, 2025.
General-purpose AI risk-management frameworks that already apply to any AI model processing neural or brain-signal data.
Also monitored, not yet enacted: Brazil (a federal neurorights constitutional amendment pending; Rio Grande do Sul’s own state constitutional amendment has been in force since December 20, 2023), Mexico, Argentina, Uruguay, Colombia, and Ecuador (neurorights initiatives introduced, none enacted), and China (a brain-computer interface research-ethics guideline issued February 2024, not a neural-data privacy statute).
From a single wearable device to a fleet of clinical neurotechnology platforms, AxiSentinel evaluates the software and data-handling evidence continuously, not just at launch.
Neurotechnology makers and clinics use AI to interpret neural signals and recommend actions. New neural data laws treat this information as especially sensitive, so every decision that uses it needs a clear basis.
Neural data is among the most personal data there is, and devices that read it must be secure by design. AxiLayer AI works hand in hand with your cybersecurity team to test, monitor and evidence that these AI systems stay secure, under your written authorization.
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Status as of 28 October 2026. General information, not legal advice. Certifications, CE marking and regulated assessments named here are issued by the bodies the law designates.
Nothing about AxiSentinel's core architecture changes for neurotechnology. What changes is which RegDef packages are switched on and what telemetry the agents capture from a device or platform.
Agents capture device and data-handling telemetry on the cadence you configure, Always On or scheduled, in full rather than sampled, and never limited to a quarterly cycle.
Every telemetry event evaluated against the applicable state's neural-data rule set, per data event.
Every audit record is linked to the one before it in a signed, tamper-evident evidence chain, verifiable from the first event.
A compliance state change on one device or an entire product line propagates network-wide as it happens.
Nothing becomes a compliance finding until a qualified AxiLayer AI auditor reviews and signs it.
AXI-Node agents deploy directly on wearable and edge neurotechnology hardware, with the .axibatch format available for offline or intermittently-connected devices.
Tracks human involvement in consent, retention, and deletion decisions, feeding into AxiSentinel's oversight-gap scoring model.
The same agents generating compliance evidence watch for unauthorized neural-data exfiltration, unconsented model retraining, and scope creep beyond a device's disclosed function before a re-certified release reaches production.
New state law, jurisdiction, or sector-specific rule is added by encoding new RegDef packages. Deployed agents are never rebuilt.
Scoped to your organization during onboarding, not hard-coded into the platform.
A threshold breach becomes a flagged, timestamped, evidence-linked Provisional Alert, reviewed by a qualified AxiLayer AI auditor before anything counts as a finding.
The same architecture monitoring a neurotechnology device monitors a trading desk's model or a hospital's diagnostic AI. What changes is which RegDef packages are switched on.
Five US states now classify neural data as sensitive personal data. Colorado's HB24-1058 took effect on 7 August 2024, California's SB 1223 amended the CCPA, Montana's SB 163 took effect on 1 October 2025 and Connecticut's SB 1295 on 1 July 2026, with Vermont's S.71 following on 1 January 2028. Chile's Law 21,383 has protected brain data constitutionally since October 2021.
Vermont S.71, the Vermont Data Privacy and Online Surveillance Act, takes effect on 1 January 2028. Signed on 16 June 2026, it makes neural data sensitive data, requiring consent and a separate consent to sell it. It is distinct from Vermont Act 101 (H.814), in effect since 18 May 2026, which sets neurological rights principles and mandates a state agency study.
Restrictions are growing. Illinois SB 2994 would bar insurers and employers from using neural data in coverage or employment decisions, though it has stalled in Senate Assignments since 22 May 2026. In the EU, AI Act Article 5(1)(f) has prohibited inferring emotions from biometric data in workplaces since 2 February 2025. Companies should keep evidence that neural data is not reaching barred decisions.
A neurotechnology AI audit is a third-party assessment of how a device or platform collects, uses and shares neural data and how its AI decodes brain signals. It checks consent, minimization, deletion on revocation, training-data provenance and model reliability against each state's definition of neural data. A qualified AxiLayer AI auditor reviews and signs every finding.
AxiLayer AI evaluates neurotechnology products continuously with AxiSentinel against the rules that apply in each market, from Colorado, California, Montana and Connecticut neural-data laws to GDPR and the EU AI Act, so data handling is checked after launch, not only at launch. Every finding is reviewed and signed by a qualified AxiLayer AI auditor. Request a briefing to map your obligations.
Last verified: 23 October 2026. See every mandate for this industry on the AI Audit Mandates Map.
Whether it's a single wearable device or a fleet of clinical neurotechnology platforms, AxiSentinel evaluates it the same way it evaluates any AI system: on the cadence you configure, Always On or scheduled, with full evidence, and with a human signature before anything counts as a finding.
