This bill establishes new 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, enhancing penalties for crimes involving brain-computer interfaces. It amends sections 609.88 and 609.891 to impose stricter penalties for computer damage and data breaches that involve brain-computer interfaces, with potential imprisonment and fines. The bill specifies that violations related to unauthorized access or manipulation of neurodata can result in civil penalties of up to $10,000 per incident. 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