summary
Introduced
02/05/2026
02/05/2026
In Committee
02/10/2026
02/10/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Protection of Neural Data Act. Requires any nonmedical person or organization using or facilitating neural devices to access individuals' neural data to publicly post all user agreements and privacy terms on their website and clearly disclose to individuals the health and safety risks associated with the device. Prohibits a covered entity from storing, retaining, or transferring an individual's neural data unless the individual consents. Requires that covered entities must delete all neural data in their possession and instruct all third party recipients to do the same within 30 days of an individual's retracting of consent. Authorizes the Attorney General and State's Attorneys to enforce the Act. Makes violation of this Act a Class 1 misdemeanor Creates a civil cause of action for violation and a presumption of at least $10,000 in damages for unauthorized transfer of neural data.
AI Summary
This bill, titled the Protection of Neural Data Act, establishes new rules for nonmedical entities that use or facilitate the use of "neural devices" – devices that interact with an individual's nervous system, like brain-computer interfaces – to collect "neural data," which is information about the activity of the central or peripheral nervous systems. Any such entity, referred to as a "covered entity," must clearly post all user agreements and privacy terms online and inform individuals about the health and safety risks of the device. Crucially, covered entities are prohibited from storing, retaining, or transferring an individual's neural data without explicit consent. If an individual withdraws their consent, the covered entity must delete all their neural data and instruct any third parties who received it to do the same within 30 days. The Attorney General and State's Attorneys are empowered to enforce this Act, with violations being a Class 1 misdemeanor, and individuals harmed by violations can sue for damages, with a presumption of at least $10,000 in damages for unauthorized data transfers.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/10/2026)
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