Do these 3 things before closing this tab:
1Scan for outdated or missing drivers - takes under a minute2Clear out junk files and repair common Windows errors3Fix the driver behind crashes, sound loss and screen glitchesTo protect your brain data, check what the device and its companion app collect, where the data goes, how long it is kept, and whether it can be used beyond the feature you want. Turn off optional sharing and secondary uses, save your consent choices, and ask the company in writing about anything its privacy notice leaves unclear. U.S. protections vary by state and by the organization handling the data; a consumer EEG headset or wellness app is not automatically covered by HIPAA.
What counts as brain data?
Neurotechnology can collect raw neural signals and also produce derived measures or inferences from them. A device or app may associate those readings with account details, usage logs, voice, motion, or other information. Review both the device notice and the app notice: the data flow may involve more than the sensor itself.
Some state laws expressly address neural data. Colorado’s enacted HB 24-1058 includes qualifying neural data within biological data treated as sensitive data under the Colorado Privacy Act. Colorado’s summary describes neural data as information generated by measuring activity in the central or peripheral nervous system that can be processed by or with a device. Colorado General Assembly: HB 24-1058
What to check before connecting or using a device
Collection and processing
Look for whether the company collects raw signals, derived measures, identifiers, usage records, or information from connected services. Check whether processing happens on the device or whether data is transmitted to company systems or other services. If the notice does not make this clear, ask the vendor directly.
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Purpose and sharing
Find out whether data is used only to provide the feature or also for research, product improvement, advertising, behavioral profiling, AI or model training, or other secondary purposes. Check whether the policy describes sharing with affiliates, service providers, researchers, or other third parties. Decline optional research or secondary-use permissions that are not necessary for the feature you want.
Retention, deletion, and account closure
Check how long raw and derived information is retained, what deletion covers, and whether backups or research datasets are handled differently. Find the account-closure process and whether the service offers access to or export of your data. Do not assume that deleting an app from a phone deletes information held by the vendor.
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Consent and settings
Disable optional connections and sharing features you do not need. Save a copy of the privacy notice and your consent or settings choices at the time you enroll; practices and policy terms can change. If you are considering an implanted or clinically used system, ask both the clinical team and manufacturer about data access, device support, and what happens if a trial or service ends.
Questions to send the company
If the privacy notice is unclear, ask concise, specific questions in writing. Keep the response with the policy version and consent choices you saved.
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- Are neural signals processed locally, transmitted, or both?
- What raw signals, derived measures, and associated information do you collect?
- Are any of these data sold, shared, used for research, advertising, profiling, or model training?
- How long are raw signals and derived data retained, including in backups?
- How can I access, export, correct, or delete my data, and what is excluded from deletion?
- What happens to my data if I close my account, leave a study, or the service ends?
What privacy rights may apply in the United States?
Colorado
Colorado HB 24-1058 was approved April 17, 2024, and took effect August 7, 2024. The Colorado Attorney General’s guidance describes disclosures covered controllers should provide, including data categories, purposes, third-party sharing, and processes for access, correction, deletion, and downloading or transmitting data. The guidance also says affirmative, freely given, specific, informed, unambiguous consent is required before sensitive-data collection and processing in covered circumstances. The law has thresholds, exceptions, and other limits, so these rights do not necessarily apply to every company or data type. Colorado Attorney General: Colorado Privacy Act
California and Delaware
A 2025 Delaware General Assembly issue brief reports that California enacted SB 1223 in 2024, adding neural data to the California Consumer Privacy Act’s definition of sensitive personal information. The brief describes the category as neural information generated by measuring activity in a consumer’s central or peripheral nervous system, rather than inferred from non-neural information. For the operative language and current rights, consult current California law and regulations. The same brief says Delaware’s Personal Data Privacy Act took effect January 1, 2025, without explicitly naming neural data in its sensitive-data definition. Delaware General Assembly, Division of Research: Neural Data Privacy
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HIPAA is not a blanket shield for consumer devices
HIPAA applies to covered entities and business associates in defined contexts; a product does not become covered merely because it measures brain activity or describes a feature as health-related. The Delaware legislative brief warns that direct-to-consumer neurotechnology can reach beyond HIPAA’s protections. Whether HIPAA or a state privacy law applies depends on the organization, product, and circumstances of use.
The cited state and federal materials do not establish a single, comprehensive U.S. neural-data framework or provide a complete survey of every state’s laws. Check the company’s notice and the rules that apply where you live rather than assuming one state’s protections apply nationwide.
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Why data control and long-term support matter
The U.S. Government Accountability Office’s December 17, 2024 assessment examined implanted and head-worn brain-computer interfaces that use brain signals to control devices. It reported that clinical-trial BCIs had helped people with severe disabilities communicate and use robotic limbs; those systems were not yet on the market at the time of its assessment. GAO also identified uncertainty about who owns and controls sensitive brain data, including the possibility that developers may have access without users’ understanding or consent when standards and agreements are unclear. GAO: Brain-Computer Interfaces: Applications, Challenges, and Policy Options
For implanted or clinical systems, data handling is only part of the decision. Ask what maintenance and support are available during and after a trial, and what happens if a developer stops operating or a service ends. GAO identifies loss of access or support as a challenge for implanted BCI users.
What recent policy attention does—and does not—mean
On April 28, 2025, Senators Maria Cantwell, Chuck Schumer, and Edward Markey wrote to the Federal Trade Commission urging investigation, reporting, enforcement attention, and possible rulemaking on neural-data practices. The letter is a request for government action, not a new binding rule or proof that the FTC adopted those recommendations. U.S. Senate Committee on Commerce, Science, & Transportation: Senators call on FTC to protect consumers’ neural data
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