As states like California, Colorado, Montana and Connecticut move to explicitly regulate neural data, Baker McKenzie Partner Lothar Determann spoke with Law.com’s Litigation Daily to offer a critical perspective on the potential new legislation.
In the article, Lothar argues that neural data is already covered under existing privacy frameworks, including the California Consumer Privacy Act (CCPA), the Confidentiality of Medical Information Act (CMIA), and federal laws such as HIPAA. The proliferation of overlapping privacy laws risks confusing businesses, consumers and regulators alike, pointing to a trend of reactive lawmaking driven by headlines rather than substantive gaps in protection, Lothar says.
While some experts see neural data regulation as a proactive step toward safeguarding sensitive brainwave-derived information, Lothar emphasizes that existing laws already require companies to notify individuals, honor opt-outs and provide access and deletion rights for neural data, potentially rendering additional legislation redundant.
Read the full article on Law.com.
Lothar recently authored California Privacy Law, Fifth Edition, providing practical guidance to help navigate the state’s strict policies, including how various laws apply, risks and more. Learn more about Baker McKenzie’s technology and privacy law capabilities on this website.
In the article, Lothar argues that neural data is already covered under existing privacy frameworks, including the California Consumer Privacy Act (CCPA), the Confidentiality of Medical Information Act (CMIA), and federal laws such as HIPAA. The proliferation of overlapping privacy laws risks confusing businesses, consumers and regulators alike, pointing to a trend of reactive lawmaking driven by headlines rather than substantive gaps in protection, Lothar says.
While some experts see neural data regulation as a proactive step toward safeguarding sensitive brainwave-derived information, Lothar emphasizes that existing laws already require companies to notify individuals, honor opt-outs and provide access and deletion rights for neural data, potentially rendering additional legislation redundant.
Read the full article on Law.com.
Lothar recently authored California Privacy Law, Fifth Edition, providing practical guidance to help navigate the state’s strict policies, including how various laws apply, risks and more. Learn more about Baker McKenzie’s technology and privacy law capabilities on this website.
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