HF 4522 Summary

• Establishes individual rights to mental privacy and cognitive liberty, prohibiting government entities from collecting brain activity data or interfering with neurotechnology decisions without informed consent.

• Defines neurotechnology rights including the right to change decisions about neurotechnology use, protection from unauthorized brain activity manipulation, and protection from unauthorized alterations to mental functions critical to personality.

• Requires companies to provide notice and obtain separate informed consent for each use and third-party sharing of brain-computer interface data, with civil penalties up to $10,000 per incident enforceable by the attorney general.

• Prohibits companies from using brain-computer interfaces to bypass conscious decision-making, except that individuals may provide informed consent before medical procedures designed for this purpose.

• Enhances criminal penalties for computer damage involving brain-computer interfaces (up to 10 years imprisonment or $50,000 fine) and for unauthorized access to systems with brain-computer interfaces (gross misdemeanor), effective August 1, 2020.