United States of America: Act revising the Genetic Information Privacy Act was introduced to Senate of Montana (SB 163)

On 15 January 2025, an act revising the Genetic Information Privacy Act was introduced to the Senate of the State of Montana. The Act would expand the scope of the Genetic Information Privacy Act to include neural neurotechnology data, defined as information generated by measuring the activity of an individual's central or peripheral nervous systems. The Act addresses the nature of neural data and its capacity to reflect information about health, mental states, and cognitive functions. It would revise provisions related to exceptions, privacy notices, and protections for neural neurotechnology data, requiring entities to obtain express consent from consumers before collecting, using, or disclosing such data. The Act would also amend definitions and provisions related to genetic data and testing, and specify conditions for governmental and research use. It would require entities to publish privacy policies and obtain separate consent for specific uses of neural data, including marketing and research. Additionally, the Act would regulate the storage and transfer of genetic or neural data, prohibiting storage in countries sanctioned by the United States without consent. It would establish conditions for government access to DNA or neural data search results, requiring a search warrant or investigative subpoena.