SF1240

This legislative bill, S.F. No. 1240, introduced by senators Lucero and Maye Quade, focuses on the protection of individual rights concerning neurotechnology and brain data privacy in Minnesota. Here are the key points simplified:

1. Mental Privacy and Integrity: Individuals have the right to mental privacy, which means that government entities cannot collect brain activity data without informed consent. They also have the right to cognitive liberty, ensuring that individuals can make free and competent decisions concerning neurotechnology without government interference.

2. Neurotechnology Rights:

   • The use of neurotechnology, defined as technology interface connecting to the nervous system, must respect individual rights, including the right to change decisions regarding its use.
   • Protection against unauthorized interventions and manipulations of one's mental functions and brain activity, which are critical to personality consistency and mental integrity, is guaranteed.
   • Individuals also have the right to psychological continuity, protecting them from unauthorized changes in mental functions which form critical aspects of their personality.

3. Consent for Data Collection:

   • Companies must provide clear notifications regarding the use of collected data from brain-computer interfaces, how it will be used, and whom it will be shared with.
   • Individuals must provide explicit consent for each specific use and with whom the data is shared via separate consent forms.

4. Prohibition of Consciousness Bypass:

   • Companies are prohibited from using neurotechnology to bypass an individual’s conscious decision-making, except in circumstances where informed consent is explicitly given prior to medical procedures that require such action.
   • Obtaining consent using consciousness bypass methods is not considered valid.

5. Penalties and Enforcement:

   • Violations concerning unauthorized data use or consent breach involve significant civil penalties up to $10,000 per incident, enforceable by the state attorney general.
   • Enhanced penalties are also specified for damages caused to computers, especially if these involve brain-computer interfaces, with fines up to $50,000 or imprisonment depending on the extent of the damage or loss.

Overall, the bill seeks to enshrine neurotechnology and data privacy rights into Minnesota Statutes, providing both civil and criminal frameworks to safeguard these rights effectively.