Sens Cantwell, Schumer, Markey Call on FTC to Protect Consumers’ Neural Data

Sens Maria Cantwell (D-WA), Chuck Schumer (D-NY), and Ed Markey (D-MA) called on the Federal Trade Commission to take action to protect Americans’ neural data from potential exploitation or sale, as brain-computer interface technologies rapidly advance. “These systems enable direct communication between an individual’s brain and external devices, such as computers or smartphones, by detecting and translating neural activity into commands,” the Senators wrote in a letter to FTC Chair Andrew Ferguson. “Unlike other personal data, neural data—captured directly from the human brain—can reveal mental health conditions, emotional states, and cognitive patterns, even when anonymized. This information is not only deeply personal; it is also strategically sensitive.” The Senators called for the FTC to investigate whether companies developing or deploying these technologies are engaging in deceptive or unfair practices. They also asked the FTC to detail how existing privacy standards apply to neural data, including whether companies’ current disclosures meet all federal requirements, particularly for products used by teens.