The “Neural Data” Goldilocks Problem: Defining “Neural Data” in U.S. State Privacy Laws

As of halfway through 2025, four U.S. states have enacted laws regarding “neural data” or “neurotechnology data.” These laws, all of which amend existing state privacy laws, signify growing lawmaker interest in regulating what’s being considered a distinct, particularly sensitive kind of data: information about people’s thoughts, feelings, and mental activity. Created in response to the burgeoning neurotechnology  industry, neural data laws in the U.S. seek to extend existing protections for the most sensitive of personal data to the newly-conceived legal category of “neural data.”