California Neural Privacy Law Spurs Fresh Compliance Headache

Jennifer Dickey, 2024 #ShareTheMicInCyber Fellow, was quoted in a piece in Bloomberg Law regarding California's newest measure concerning protections around neural data. Jennifer, who is conducting research into the data privacy implications of brain-computer interface technologies, shared how the language of the new measure can create ambiguities in consumer data protection.

That gap is “essentially a legal loophole,” said Jennifer Dickey, a privacy attorney at Mullen Coughlin. “What qualifies as non-neural?” Is neural data “only raw data that is gleaned from the software, or is it the process data or inferences drawn from neural data?”