As Neurotechnology Outpaces Existing Protections, Leader Schumer And Senators Cantwell And Markey Introduce Legislation To Shield Americans’ Brain Data From Exploitation

Washington, D.C. - Today, Senate Democratic Leader Chuck Schumer (D-NY), along with Ranking Member of the Commerce, Science, and Transportation Committee, Maria Cantwell (D-WA) and Senator Ed Markey (D-MA), announced they are introducing the Management of Individuals' Neural Data Act of 2025 (MIND Act), to prevent powerful tech conglomerates from collecting, selling and combining brain data in ways that could manipulate users' decisions, emotions, or purchases.

Today, Senate Democratic Leader Chuck Schumer (D-NY), along with Ranking Member of the Commerce, Science, and Transportation Committee, Maria Cantwell (D-WA) and Senator Ed Markey (D-MA), announced they are introducing the Management of Individuals' Neural Data Act of 2025 (MIND Act), which directs the Federal Trade Commission (FTC) to examine how "neural data" - information from brain activity or signals that can reveal thoughts, emotions, or decision-making patterns - and other related data should be protected to safeguard privacy, prevent exploitation, and build public trust as neurotechnology rapidly advances.

The MIND Act compels the FTC to conduct a comprehensive review of how companies and federal agencies handle neural data, and it lays the foundation to ensure that innovation in neurotechnology can continue responsibly - without allowing companies or data brokers to collect, sell, or combine brain signals, in ways that could manipulate American consumers' decisions, or threaten our national security. Neurotechnology companies like Neuralink promise life-changing breakthroughs-but without guardrails, the same data that powers innovation could be misused or exploited. At the same time, a growing wave of consumer wearables and devices are quietly harvesting sensitive brain-related data with virtually no oversight and no limits on how it can be used. Americans deserve to know how their brain data is being collected and used, whether from an implant or a wearable, and to trust that it will be protected. The MIND Act ensures transparency, builds guardrails that protect privacy and consent, and even incentivizes companies to help shape responsible standards so innovation can thrive safely.

"As technology continues to develop at a rapid pace, it is vital that we balance innovation with safety and privacy. Neural data is some of the most private and sensitive information we can imagine-our innermost thoughts and emotions," said Leader Schumer. "For example, data about a person's brain activity could be misused to push manipulative ads or high-risk financial schemes designed to take advantage of consumers at their most vulnerable moments. We must ensure that Americans know how this data is being collected and used, that their consent matters, and that strong guardrails are in place so innovation serves people-not exploits them. The MIND Act is an important step forward to begin taking action in this area-but it also highlights the need for a comprehensive privacy framework that sets strong, lasting safeguards for all Americans."

"Data about our brain activity is private and should be protected," said Senator Cantwell. "It's important to know how companies could use this data to manipulate consumers and invade our privacy-before it's too late. Directing the Federal Trade Commission to report to Congress on whether current law is strong enough to protect consumers, or if we need to strengthen the law to make sure our most private data remains private, will provide essential information to lawmakers on the best path forward."

"As breakthroughs in neuroscience and neural technology accelerate, the American people deserve clear answers about how their most sensitive data is being collected, used, and protected,' said Senator Markey. "The MIND Act will empower the Federal Trade Commission to give us those answers. I am proud to partner with Leader Schumer and Ranking Member Cantwell on this important bill."

"Neural" data, such as information about a person's brain waves or signals from neural implants, is one of the most private categories of personal data. Companies increasingly seek to collect and use this data for a variety of purposes including predicting and influencing human behavior. Yet, other than a few state laws, very few rules and regulations govern such data," said Andrew Crawford, Senior Policy Counsel for the Center For Democracy & Technology. "The MIND Act would be a critical first step in developing appropriate safeguards to protect people against harmful uses. While a comprehensive federal privacy law is still the best approach, the Act would be a valuable interim measure. We look forward to working with members of congress to strengthen privacy protections for all Americans."

The MIND Act would:

1. Confront the mental privacy gap by recognizing that current laws fail to protect against the exploitation of neural data-brain activity information that can reveal thoughts, feelings, or decision-making patterns-which could be monetized or used to manipulate behavior, or even shared with foreign adversaries.
2. Convene national stakeholders by requiring the FTC to bring together representatives from federal agencies, the private sector, academia, civil society, consumer and patient advocacy organizations, labor organizations, and clinical research stakeholders to tackle neural data governance, close policy gaps, and forge a shared plan for responsible innovation.
3. Direct the FTC to act by requiring it to investigate how neural data should be governed, identify regulatory gaps, and propose best practices to ensure innovation in neurotechnology proceeds with accountability and public trust.
4. Spotlight high-risk uses by mandating the FTC to report on potentially harmful applications of neural data, from AI-driven manipulation, insurance discrimination, and hyper-targeted ads, to data aggregation, risk to children's cognitive privacy, and national security risks.
5. Promote innovation by tasking the FTC to recommend incentives to encourage breakthroughs in responsible neurotechnology development that prioritizes consumer protection.
6. Guide federal use by prohibiting Federal agencies from purchasing or using neurotechnology that processes neural data in ways inconsistent with the FTC's findings and guidance developed by the Office of Science and Technology Policy.

Four states - Colorado, California, Montana, and Connecticut - have already passed laws treating neural data as a special, highly sensitive category of personal information. These laws require clear consent, strict transparency, and limits on resale or third-party use of brain-related data. The MIND Act would expand on this precedent by establishing a federal standard.

Earlier this year, Leader Schumer and Senators Cantwell and Markey wrote to the FTC demanding action over the potential exploitation or sale of Americans' private thoughts or brain data. With the unique risks of unregulated neurotechnology, the Senators urged the FTC to ensure that companies developing or deploying these technologies are not engaging in deceptive, exploitative, or unfair practices. The Senators did not receive a response from the administration.

The full text of the legislation can be seen here.

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