MIND Act of 2025

This legislation, known as the MIND Act of 2025, mandates the Federal Trade Commission (FTC) to undertake a comprehensive study regarding the governance of neural data and other related data. Congress expresses concern that existing laws inadequately address the monetization and potential for manipulation of an individual's neural data, highlighting risks to personal autonomy, civil liberties, and national security due to insufficient transparency and accountability.

The FTC's study will investigate what additional federal authorities are needed to regulate this data and establish appropriate privacy protections. It will also identify best practices for private sector data security and analyze gaps in current laws, such as the Health Insurance Portability and Accountability Act of 1996, concerning the use, storage, and privacy of such sensitive information.

Within one year, the FTC must submit a report to Congress and publish it, outlining a regulatory framework that maximizes responsible neurotechnology innovation while minimizing risks like discrimination, profiling, and manipulation. The report will include recommendations for data categorization, consent frameworks, and addressing high-risk applications in areas like employment, education, and neuromarketing, as well as security risks and enforcement mechanisms.

Following the report, the Office of Science and Technology Policy, in consultation with the FTC and Office of Management and Budget, will develop guidance for federal agencies on procuring and using neurotechnology that processes neural or related data. This guidance will identify prohibited and permissible uses, technical safeguards, and privacy protections, with the Office of Management and Budget issuing binding implementation guidance to all federal agencies.