On September 24, 2025, Ranking Member Cantwell (D-Wash.), Leader Schumer (D-NY), and Senator Markey (D-Mass.) announced they will introduce the “Management of Individuals’ Neural Data Act of 2025” (“MIND Act”). If enacted, the MIND Act will direct the Federal Trade Commission (“FTC”) to conduct a comprehensive study and report on the collection, processing, storage, sale, […]
To Delete or Not to Delete: Can 23andMe Really Sell Genetic Data Via Bankruptcy?
On March 23, 2025, 23andMe Holding Co. (“23andMe”) filed for bankruptcy in the Eastern District of Missouri, potentially setting in motion the sale of genetic data collected from more than 15 million people. This has led to news outlets and state Attorneys General encouraging consumers to delete their 23andMe data before it is sold as […]
California Joins the Neural Data Bandwagon
On August 31, the California assembly passed SB1223, which amends the CCPA/CPRA to include “neural data” as a type of sensitive data. SB1223, which is likely to become law, defines “neural data” as “information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is not inferred from […]
Making (Brain) Waves: New Colorado Legislation Poised to Protect Privacy of Neural Data
Neurotechnology, like wearable EEG headbands and invasive brain implants, collects information from electrical nerve impulses and brain waves derived from your brain, spinal cord, or nervous system. This information, or neurodata, is valuable, unique, potentially individually identifiable, and has the potential to provide access to a person’s memories, biases, and intentions. (For more information, see […]
HHS and FTC Fire a Warning Shot at Healthcare Companies Using Online Tracking Technologies
On July 20, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”), and the Federal Trade Commission (“FTC”) published a joint letter sent to approximately 130 hospital systems and telehealth providers. The FTC/OCR letter warns that certain online tracking technologies that “may be present” on the recipients’ […]