U.S. Senators Maria Cantwell (D-Wash.), Chuck Schumer (D-N.Y.), and Ed Markey (D-Mass.) have announced plans to introduce the Management of Individuals’ Neural Data Act of 2025, known as the MIND Act. The proposed legislation would require the Federal Trade Commission (FTC) to examine how neural data—information derived from brain activity or signals—should be protected in order to safeguard privacy, prevent exploitation, and build public trust as neurotechnology advances.
“Data about our brain activity is private and should be protected,” said Sen. 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.”
The legislation comes amid rapid growth in neurotechnology, including consumer wearables and devices that collect sensitive brain-related data with little oversight. Companies such as Neuralink are developing technologies that promise significant breakthroughs but also raise concerns about potential misuse of personal neural information.
“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.”
Senator Markey emphasized transparency regarding neural data collection: “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 Sen. 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.”
Andrew Crawford from the Center For Democracy & Technology noted: “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,” he said. “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 aims both at addressing gaps in current laws regarding mental privacy by recognizing risks associated with unregulated neural data collection—including monetization or manipulation—and at convening stakeholders from various sectors through FTC-led initiatives focused on governance standards.
Four states—Colorado, California, Montana, and Connecticut—have enacted laws treating neural data as highly sensitive personal information requiring clear consent procedures and limits on third-party usage; this federal proposal seeks broader national standards.
Earlier in 2025 Senators Cantwell, Schumer, and Markey contacted the FTC urging action over possible exploitation or sale of Americans' brain-related information by companies using neurotechnology; they did not receive an administrative response.
