The bill H.366 aims to establish neurological rights for individuals in Vermont by creating privacy standards for neural data and ensuring that electronic devices do not override the conscious decision-making of individuals without their consent. It introduces a new chapter, Chapter 42C, which outlines specific rights related to mental and neural data privacy, cognitive liberty, and protection from unauthorized neurotechnological interventions. Key provisions include the requirement for written informed consent before collecting or sharing neural data from brain-computer interfaces, as well as the right for individuals to revoke consent at any time.
Additionally, the bill sets forth limitations on the use of brain-computer interfaces that bypass conscious decision-making, mandating that specific written consent be obtained for each action performed by such devices. Violations of these provisions are classified as unfair or deceptive acts under Vermont's Consumer Protection Act, with penalties of up to $10,000 for each violation. The act is set to take effect on July 1, 2025.