No. 139: Neurotechnology and Privacy: A Comparative Analysis of US and EU Approaches
Abstract
As neurotechnology advances rapidly, the integration of brain-computer interfaces, neural data collection, and cognitive enhancement tools is raising complex ethical and legal challenges, particularly concerning individual privacy. This paper presents a comparative analysis of how the United States and the European Union approach the regulation of neurotechnology with respect to privacy protection. Drawing on legal frameworks, policy developments, and recent case studies, we examine the extent to which each jurisdiction addresses the unique nature of neural data, including its sensitivity, potential for misuse, and implications for cognitive liberty. Our analysis on the EU focuses on the General Data Protection Regulation (GDPR), which is applicable across all EU member states. For the U.S. framework, it will focus on potential privacy protections under three state legislations which include a definition for “neural data”, the Colorado Privacy Act (CPA), the California Consumer Privacy Act (CCPA), and the Montana Genetic Information Privacy Act (GIPA). Our analysis aims to highlight key issues, risks, and potential avenues for harmonization. The paper concludes by offering recommendations for future transatlantic policy development that balances innovation in neurotechnology with robust privacy safeguards.