H.F. 1904 - Neurodata Rights Summary

• Establishes right to mental privacy prohibiting government entities from collecting data transcribed directly from brain activity without informed consent.

• Establishes right to cognitive liberty prohibiting government interference with free and competent decision making regarding neurotechnology.

• Requires companies to obtain separate informed consent for each specific use and third-party sharing of brain-computer interface data, with notice provided each time an individual connects to the device.

• Prohibits companies from using brain-computer interfaces to bypass conscious decision making, with civil penalties up to $10,000 per incident enforceable by the attorney general.

• Enhances criminal penalties for computer damage involving brain-computer interfaces to up to 10 years imprisonment or $50,000 fine, and adds gross misdemeanor penalties for unauthorized access to systems with brain-computer interfaces, effective August 1, 2023.