MIND Act of 2025
The Management of Individuals' Neural Data Act of 2025 (MIND Act) would require the Federal Trade Commission (FTC) to conduct a comprehensive study on the governance of neural data and related data, and to deliver a report with findings, risks, and policy recommendations within one year. The act envisions a broad framework that analyzes how neural and related data are collected, stored, used, and transferred, considers existing laws (including HIPAA), and assesses gaps and protections to balance privacy with responsible innovation in neurotechnology. It also authorizes funding for the FTC study and calls for annual updates to reflect evolving technology. In addition, the act sets in motion an interagency process (with OSTP, FDA, OMB, and others) to develop guidance for federal agency use of neurotechnology and neural data, culminating in binding guidance and a prohibition on procurement of noncompliant neurotechnology after a one-year phase-in. Potential impact includes stronger federal attention to privacy and civil liberties as neural data become more integrated with AI, wearables, and data infrastructure. It could shape future privacy standards, data governance, and procurement rules for federal agencies, influence regulatory approaches for neurotechnology firms, and drive greater transparency and safeguards for consumers, including protections for children and other vulnerable groups.
Key Points
- 1FTC study requirement: The FTC must conduct a study on authorities needed to regulate neural data and related data, privacy protections, and best practices for data security; it must also assess the applicability and gaps in existing laws (including HIPAA) and consult a broad set of stakeholders from government, industry, academia, civil society, and patient/clinical groups.
- 2Study contents: The report must analyze collection, processing, storage, sale, and transfer of neural data and related data; ethical, legal, and regulatory landscapes; interstate data flows and public-interest benefits/risks; governance categorization and oversight frameworks; model harms and consumer protections; and specific applications and sectors where use may pose risks (employment, education, insurance, law enforcement, etc.).
- 3Transparency, consent, and safeguards: The report should include recommendations on consumer transparency, consent mechanisms (including distinct consent for brain-modeling uses), data use restrictions, retention/deletion policies, and prohibited use cases.
- 4Interagency and stakeholder process: The FTC must consult OSTP, FDA, other relevant federal agencies, and a wide range of private sector, academic, and civil society representatives in conducting the study.
- 5Annual updates and appropriations: The FTC must publish annual updates to the study findings to reflect advances in neurotechnology and determine whether additional guidance or reports are needed. The bill authorizes $10 million to carry out these provisions.
- 6Section 5 – agency use guidance: Within 180 days after the FTC report, the Director of OSTP must develop guidance on how federal agencies should procure and use neurotechnology and neural data, including prohibited and permissible uses, safeguards, and privacy protections; OMB must issue binding implementation guidance within 60 days of OSTP’s guidance.
- 7Procurement prohibition: Starting one year after OMB issues the binding guidance, a federal agency head may not procure or operate neurotechnology in a way that inconsistent with the guidance.
- 8Scope and definitions: The bill defines key terms (neural data, neurotechnology, related data, AI, etc.) and clarifies that while the focus is on neural data, other related biometric/behavioral data that reveal mental states are relevant for comparative analysis.