This bill establishes neurodata rights in Minnesota, focusing on the protection of mental privacy and cognitive liberty. It amends Minnesota Statutes 2024, section 13.04, by adding a subdivision that grants individuals the right to mental privacy, prohibiting government entities from collecting data directly from brain activity without informed consent. Additionally, it introduces a new section in Minnesota Statutes, chapter 325E, which defines neurotechnology and outlines specific rights related to its use, including the right to change decisions regarding neurotechnology, the right to mental integrity, and the right to psychological continuity. The bill also mandates that companies must obtain explicit consent from individuals before using or sharing data collected from brain-computer interfaces.

Furthermore, the bill modifies existing criminal statutes to include neurodata elements, specifically in sections 609.88 and 609.891. It introduces civil penalties for companies that violate consent requirements or use brain-computer interfaces to bypass conscious decision-making, with fines of up to $10,000 per incident. The bill also enhances penalties for crimes involving brain-computer interfaces, categorizing unauthorized access or damage to such systems as a gross misdemeanor. The effective date for these provisions is set for crimes committed on or after August 1, 2025.

Statutes affected:
Introduction: 13.04, 609.88, 609.891