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Industries · Neurotechnology & Neural Data

Your Brain. Now a Regulated Data Category.

Colorado, California, Montana, and Connecticut have already classified neural data as sensitive personal information, and nine more bills landed across six additional 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.

4
US States With Enacted Neural Data Privacy Law (CO, CA, MT, CT)
9 Bills / 6 States
New Neural-Data Bills Introduced in the First 6 Weeks of 2026 Alone
$2.6B → $13.9B
Global Brain-Computer Interface Market, 2025 to 2035
Jan 1, 2027
Illinois SB 2994 Takes Effect, Restricting Insurer & Employer Use of Neural Data
2
AxiSentinel RegDef Packages Already Live: Colorado & California
WHAT'S CHANGING

From Zero States to a Live Patchwork, in Under Three Years

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.

Aug 7, 2024
Colorado HB24-1058 Takes Effect
Amends Colorado's own biometric/genetic privacy law to cover neural data; the first US statute of its kind.
2024
California SB 1223 Enacted
Extends the CCPA's definition of sensitive personal information to neural data.
2025
Montana & Connecticut Enact Neural Data Provisions
Montana amends its genetic privacy act; Connecticut classifies brain data as sensitive personal data.
Jul 1, 2026
Vermont Act 101 (H.814) Takes Effect
Establishes neurological rights principles and mandates a state agency study of neurotechnology in health and human services; the written-consent requirement and private right of action in the introduced bill were removed by the Senate before passage.
Jan 1, 2027
Illinois SB 2994 Takes Effect
Restricts insurers and employers specifically from using neural data in coverage or employment decisions, the first sector-specific neural-data restriction.
Four states enacted a neural-data law before most companies finished mapping what "neural data" even means. The rulebook is being written live, state by state, while devices are already shipping.

The evidence gap

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.

Who this page is for

  • Consumer neurotechnology and BCI device makers
  • Wellness, wearable, and neurofeedback platforms processing brainwave data
  • Insurers and employers evaluating neural-data-adjacent AI tools
  • Healthcare and research platforms handling EEG or other brain-signal data
Global Coverage

Every Jurisdiction That Has Drawn a Line Around Neural Data

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.

The same sensor can be squarely in scope in one jurisdiction and outside it in the next. Connecticut SB 1295 reaches only central nervous system activity. California SB 1223 reaches central or peripheral signals. Illinois expressly excludes pupil dilation, motor activity, and breathing rate. A privacy program built for one state's definition does not automatically travel to the next.
UNITED STATES / COLORADO
Colorado HB24-1058 (Privacy Act Amendment)
LIVE

In force since August 7, 2024. Amends Colorado's Privacy Act to classify neural data as sensitive data requiring opt-in consent.

  • Consent requirement: explicit opt-in before collection, in line with the state's existing biometric-data consent model.
  • Scope: covers data generated by neurotechnology intended to be used with or connected to the human body.
AxiSentinel coverage: LIVE in the RegDef library today.
UNITED STATES / CALIFORNIA
California SB 1223 (CCPA Amendment)
LIVE

Extends the CCPA's definition of sensitive personal information to neural data, triggering the CCPA's existing opt-out and minimization obligations.

  • Sensitive-data treatment: neural data now carries the same heightened obligations as biometric and health data under CCPA.
  • Enforcement: California Privacy Protection Agency, alongside existing CCPA private-right-of-action provisions.
AxiSentinel coverage: LIVE in the RegDef library today.
UNITED STATES / MONTANA
Montana SB 163 (Genetic Information Privacy Act Amendment)
IN FORCE

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.

  • Pattern reuse: Montana extended an existing privacy statute rather than writing a standalone neural-data law.
  • Definitional note: distinguishes true neural data from nonneural physiological signals such as pupil dilation and breathing rate.
AxiSentinel coverage: tracked, RegDef package build scheduled.
UNITED STATES / CONNECTICUT
Connecticut SB 1295 (Data Privacy Act Amendment)
IN FORCE

Effective July 1, 2026. Classifies neural data as sensitive personal data under Connecticut’s consumer data privacy law, completing the fourth of four US states with an enacted neural-data privacy statute.

  • Definitional note: reaches only central nervous system activity, narrower than California’s central-or-peripheral standard.
AxiSentinel coverage: tracked, RegDef package build scheduled.
UNITED STATES / ILLINOIS
Illinois SB 2994
EFFECTIVE JAN 2027

The first sector-specific neural-data restriction: bars insurers and employers from using neural data in coverage or employment decisions.

  • Sector-specific: narrower than Colorado/California's general privacy approach, targeting the highest-stakes use cases directly.
  • Not to be confused with: a separate Illinois bill, HB 5179, addresses device health and safety risk disclosure and a 30-day data-deletion window after consent revocation, a distinct duty, tracked separately.
AxiSentinel coverage: tracked, RegDef package build scheduled.
UNITED STATES / VERMONT
Vermont H.814 (Act 101)
IN FORCE

Signed May 18, 2026, effective July 1, 2026. Establishes neurological rights principles and mandates a state agency study of neurotechnology in health and human services.

  • Scope note: the written consent requirement and private right of action in the introduced bill were removed by the Senate before passage.
AxiSentinel coverage: tracked, RegDef package build scheduled.
CHILE
Law 21,383 (Constitutional Reform on Mental Integrity)
IN FORCE

Published October 2021. The first country in the world to give brain activity and the information derived from it constitutional protection.

  • Enforcement: on August 9, 2023 the Chilean Supreme Court ordered a consumer EEG headset maker to delete a citizen’s neural recordings, rejecting the argument that anonymised neural data falls outside the protection.
  • Open question: Chilean protections do not clearly reach inferred mental states derived indirectly from neural signals.
AxiSentinel coverage: tracked as a watch item.
UNESCO
Recommendation on the Ethics of Neurotechnology
ADOPTED

Adopted November 5, 2025 at the 43rd General Conference. The first global standard-setting instrument on neurotechnology ethics, addressed to member states.

  • Consent: calls for explicit consent and transparency for neural data collection and use.
  • Workplace: specifically discourages applications that monitor productivity or build employee profiles.
  • Minors: requires particular protection for children and adolescents.
AxiSentinel coverage: tracked as a watch item.
EUROPEAN UNION
GDPR Special Category Treatment & AI Act Article 5(1)(f)
IN FORCE

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.

  • Also monitored: the OECD Recommendation on Responsible Innovation in Neurotechnology (adopted December 2019, implementation toolkit published April 2024) and the UN Human Rights Council’s neurotechnology study A/HRC/57/61 (September 2024) and Resolution 58/6 (April 2, 2025).
AxiSentinel coverage: tracked, RegDef package build scheduled.
CROSS-CUTTING
NIST AI RMF & ISO/IEC 42001
LIVE

General-purpose AI risk-management frameworks that already apply to any AI model processing neural or brain-signal data.

  • Applies today: a neural-signal classification or decoding model is still an AI system under these frameworks, device-specific rules aside.
AxiSentinel coverage: live in the RegDef library today.

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).

Coverage

Use cases we evaluate

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.

Neural-data consent and opt-in evidence
Continuous evidence that a device or platform actually obtained the consent its state requires, not just a policy claiming it did.
Cross-state neural-data classification tracking
Evidence mapped to each state's own definition of what counts as neural data.
Insurer and employer use-restriction compliance (Illinois)
Evidence that neural data isn't reaching coverage or employment decisions where a state bars it.
Data-deletion-on-revocation evidence
Evidence that a consent revocation actually triggered deletion within the required window.
Device health/safety-risk disclosure tracking
Evidence a device's disclosures match what it actually collects, addressing a specific Illinois requirement.
Neural-signal model training-data provenance
Evidence for where brain-signal training data originated and under what consent.
Third-party neural-data sharing evidence
Evidence tracking any onward sharing of neural data with partners or vendors.
Wellness/wearable device neural-data audit trail
Continuous evidence for consumer wellness and neurofeedback products, not just clinical devices.
Biometric-adjacent data-boundary evidence
Evidence distinguishing neural data from the broader biometric-data category it's frequently paired with in state law.
Neural-data breach-notification readiness
Evidence supporting the private-right-of-action and enforcement provisions several states attach to neural data specifically.
Research-context neural-data governance
Evidence for academic and clinical research platforms processing EEG or other brain-signal data outside consumer-product rules.
Multi-state neural-data policy reconciliation
Evidence reconciling Colorado, California, Montana, Connecticut, Vermont, Illinois, Chile, and the EU's differing requirements for one product.
Neurotechnology device certification-readiness review
Preparation evidence ahead of any forthcoming federal or additional state neural-data rule.
AI-decoded neural-signal explainability evidence
Evidence for how a neural-signal classification or intent-decoding model reaches its output.
Employer neural-data prohibition compliance
Evidence a workplace neurotechnology tool isn't collecting data an employer is barred from using.
Neural-data minimization evidence
Evidence that only the neural data actually needed for a stated purpose is collected and retained.
Cross-border neural-data transfer tracking
Evidence for neurotechnology products operating across US state lines and international borders.
Vendor and component-maker neural-data-handling verification
Evidence of what a third-party neurotechnology component actually does with the signal data it processes.
Consent-revocation and data-portability evidence
Evidence supporting user rights to revoke consent and obtain or delete their own neural data.
Emerging-state neural-data bill readiness tracking
Preparation evidence ahead of the next state to enact a neural-data law, given nine bills already introduced in six weeks.
For Investors

A New Data Category Just Appeared. So Did the Compliance Gap.

Four states enacted neural-data law before most neurotechnology companies finished mapping what it means for their own products. AxiSentinel's architecture already does continuous evidence generation for regulated AI; neural-data governance is a new RegDef surface on the same platform, not a new product.

$2.6B → $13.9B
GLOBAL BRAIN-COMPUTER INTERFACE MARKET, 2025 to 2035
16.8% CAGR (Precedence Research, 2025).
4
US STATES WITH ENACTED NEURAL DATA LAW
Colorado, California, Montana, Connecticut.
9 / 6
NEW BILLS / STATES IN THE FIRST SIX WEEKS OF 2026
Alabama, California, Illinois, New York, Vermont, Virginia among them.
$4.8B → $22.6B
AI TESTING & CERTIFICATION SERVICES MARKET, 2025 to 2032
24.6% CAGR (MarketsandMarkets).
$254.4B → $306.1B
GLOBAL TIC INDUSTRY, THE PARENT MARKET
3.8% CAGR (MarketsandMarkets).
37
PATENT CLAIMS ACROSS THREE PATENT-PENDING ARCHITECTURES
RegDef engine, cryptographic evidence chain, certificate registry.

The commercial logic, stated plainly

The honest risk picture

Market figures are drawn from third-party research houses whose scope definitions differ materially; ranges are presented rather than point estimates. Regulatory descriptions are summaries for orientation, not legal advice. Nothing on this page is an offer to sell securities.