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. The bill outlines specific rights, including mental and neural data privacy, cognitive liberty, and protection from unauthorized neurotechnological interventions. It introduces a new chapter, Chapter 42C, which defines key terms such as "brain-computer interface," "conscious decision making," and "neural data."
The legislation prohibits the collection or sharing of an individual's neural data from brain-computer interfaces without written informed consent. It also mandates that individuals have the right to revoke consent at any time, with specific procedures for destroying records and ceasing data sharing. Additionally, the bill requires that any use of brain-computer interfaces that bypasses conscious decision-making must have explicit consent for each action performed. 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.