On 4 March 2025, an Act revising the Genetic Information Privacy Act was adopted by the House of Representatives of Montana. The Act expands 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 outlines the nature of neural data and its capacity to reflect information about health, mental states, and cognitive functions. It revises 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 also amends definitions and provisions related to genetic data and testing, and specifies conditions for governmental and research use. It requires entities to publish privacy policies and obtain separate consent for specific uses of neural data, including marketing and research. Additionally, the Act regulates the storage and transfer of genetic or neural data, prohibiting storage in countries sanctioned by the United States without consent. It establishes conditions for government access to DNA or neural data search results, requiring a search warrant or investigative subpoena.
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