What happened?

On May 2, 2025, Montana Senate Bill (SB) 163 became law without the governor’s signature, amending the state’s Genetic Information Privacy Act to include protections for neurotechnology data.

Overview:

Montana has expanded its Genetic Information Privacy Act to include neurotechnology data (information derived from the activity of the brain and nervous system), reflecting growing concerns about the privacy risks posed by emerging technologies capable of recording, interpreting, or even influencing neural activity.

Montana is the first in the U.S. to specifically protect neural data: it recognizes that this data is deeply personal and can reveal sensitive insights into a person’s mental and emotional state.

• The law sets a new standard for mental privacy as neurotechnology becomes more widespread in consumer and medical settings.

Amendments:

• Clear Privacy Notices: Entities must provide both a simple summary and a detailed public notice explaining how neural data is collected, used, shared, and stored.

• Express Consent Required: Individuals must give explicit permission before their neural data can be collected, shared, used for research, or sold.

• Consumer Rights: Individuals can access, delete, or request the destruction of their neural data, and revoke consent at any time.

• Security Requirements: Companies must implement strong safeguards to protect neural data.

• Government Access Limits: Law enforcement must obtain a warrant or subpoena to access neural data unless the individual consents.

• Use Restrictions: Neural data cannot be shared with employers or insurers without explicit consent.

• Data Storage Limits: Storage in U.S.-sanctioned countries is prohibited; international storage requires user consent.

Source References

• Montana SB 163 – Generally revise privacy laws related to biometric, genetic, and neural data

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.