Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1240 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to data privacy; establishing neurodata rights; modifying certain crimes
3	3	1.3 to add neurodata elements; providing civil and criminal penalties; amending
4	4	1.4 Minnesota Statutes 2024, sections 13.04, by adding a subdivision; 609.88,
5	5	1.5 subdivision 2; 609.891, subdivision 3; proposing coding for new law in Minnesota
6	6	1.6 Statutes, chapter 325E.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 13.04, is amended by adding a subdivision
9	9	1.9to read:
10	10	1.10 Subd. 1a.Right to mental data.(a) An individual has the right to mental privacy. A
11	11	1.11government entity must not, without informed consent, collect data transcribed directly
12	12	1.12from brain activity.
13	13	1.13 (b) An individual has the right to cognitive liberty. A government entity must not interfere
14	14	1.14with the free and competent decision making of the individual when making neurotechnology
15	15	1.15decisions.
16	16	1.16 Sec. 2. [325E.85] NEUROTECHNOLOGY .
17	17	1.17 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
18	18	1.18the meanings given.
19	19	1.19 (b) "Brain-computer interface" means a device that enables its user to interact with a
20	20	1.20computer by means of brain activity only.
21	21	1Sec. 2.
22	22	25-01189 as introduced01/14/25 REVISOR VH/VJ
23	23	SENATE
24	24	STATE OF MINNESOTA
25	25	S.F. No. 1240NINETY-FOURTH SESSION
26	26	(SENATE AUTHORS: LUCERO and Maye Quade)
27	27	OFFICIAL STATUSD-PGDATE
28	28	Introduction and first reading02/10/2025
29	29	Referred to Judiciary and Public Safety 2.1 (c) "Consciousness bypass" means the use of neurotechnology to manipulate brain
30	30	2.2activity by applying electrical or optical stimuli without the conscious awareness of the
31	31	2.3person whose brain activity is being manipulated.
32	32	2.4 (d) "Neurotechnology" means the assembly of methods and instruments that enable a
33	33	2.5direct connection of technical components with the nervous system.
34	34	2.6 Subd. 2.Neurotechnology rights.(a) An individual has the right to change one's
35	35	2.7decisions regarding neurotechnology and the right to determine by what means to change
36	36	2.8that decision.
37	37	2.9 (b) An individual has the right to mental integrity and is afforded protection from
38	38	2.10neurotechnological interventions of the mind and from unauthorized access to or manipulation
39	39	2.11of an individual's brain activity.
40	40	2.12 (c) An individual has the right to psychological continuity and is afforded protection
41	41	2.13from unauthorized neurotechnological alterations in mental functions critical to personality.
42	42	2.14 Subd. 3.Data collection consent.Each time an individual connects to a brain-computer
43	43	2.15interface, the company responsible for recording and storing the data must provide notice
44	44	2.16of (1) the uses that the data may be used for by the company, and (2) the third parties with
45	45	2.17which the data will be shared. Before the data may be used or shared, the individual must
46	46	2.18provide consent for each use and third party. The individual must approve each use and
47	47	2.19third party using a separate consent form.
48	48	2.20 Subd. 4.Consciousness bypass prohibition.(a) Except as provided in paragraph (b),
49	49	2.21a company must not use a brain-computer interface to bypass conscious decision making
50	50	2.22by the individual.
51	51	2.23 (b) An individual may provide informed consent before a medical procedure designed
52	52	2.24to bypass conscious decision making. Consent obtained by using a consciousness bypass
53	53	2.25is not informed consent.
54	54	2.26 Subd. 5.Enforcement; civil penalty.A company that violates subdivision 3 or 4 is
55	55	2.27subject to a civil penalty of up to $10,000 per incident. The attorney general may bring an
56	56	2.28action in the name of the state in a court of competent jurisdiction to recover civil penalties
57	57	2.29as provided in this subdivision.
58	58	2.30 Sec. 3. Minnesota Statutes 2024, section 609.88, subdivision 2, is amended to read:
59	59	2.31 Subd. 2.Penalty.Whoever commits computer damage may be sentenced as follows:
60	60	2Sec. 3.
61	61	25-01189 as introduced01/14/25 REVISOR VH/VJ 3.1 (a) to imprisonment for not more than ten years or to payment of a fine of not more than
62	62	3.2$50,000, or both, if:
63	63	3.3 (1) the damage, destruction, or alteration results in a loss in excess of $2,500, to the
64	64	3.4owner, or the owner's agent, or lessee; or
65	65	3.5 (2) the damage, destruction, or alteration occurs to a computer having a brain-computer
66	66	3.6interface, regardless of the value of the loss;
67	67	3.7 (b) to imprisonment for not more than five years or to payment of a fine of not more
68	68	3.8than $10,000, or both, if the damage, destruction or alteration results in a loss of more than
69	69	3.9$500, but not more than $2,500 to the owner, or the owner's agent or lessee; or
70	70	3.10 (c) in all other cases to imprisonment for not more than 90 days or to payment of a fine
71	71	3.11of not more than $1,000, or both.
72	72	3.12 EFFECTIVE DATE.This section is effective for crimes committed on or after August
73	73	3.131, 2025.
74	74	3.14 Sec. 4. Minnesota Statutes 2024, section 609.891, subdivision 3, is amended to read:
75	75	3.15 Subd. 3.Gross misdemeanor.(a) A person who violates subdivision 1 in a manner that
76	76	3.16creates a risk to public health and safety is guilty of a gross misdemeanor and may be
77	77	3.17sentenced to imprisonment for a term of not more than 364 days or to payment of a fine of
78	78	3.18not more than $3,000, or both.
79	79	3.19 (b) A person who violates subdivision 1 in a manner that compromises the security of
80	80	3.20data that are protected under section 609.52, subdivision 2, paragraph (a), clause (8), or are
81	81	3.21not public data as defined in section 13.02, subdivision 8a, is guilty of a gross misdemeanor
82	82	3.22and may be sentenced under paragraph (a).
83	83	3.23 (c) A person who violates subdivision 1 and gains access to personal data is guilty of a
84	84	3.24gross misdemeanor and may be sentenced under paragraph (a).
85	85	3.25 (d) A person who is convicted of a second or subsequent misdemeanor violation of
86	86	3.26subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced
87	87	3.27under paragraph (a).
88	88	3.28 (e) A person who violates subdivision 1 by accessing, or attempting to access, an
89	89	3.29electronic terminal through opening, or attempting to open, any panel or access door without
90	90	3.30authorization is guilty of a gross misdemeanor and may be sentenced under paragraph (a).
91	91	3Sec. 4.
92	92	25-01189 as introduced01/14/25 REVISOR VH/VJ 4.1 (f) A person who violates subdivision 1 and gains access to a system that includes a
93	93	4.2brain-computer interface is guilty of a gross misdemeanor and may be sentenced under
94	94	4.3paragraph (a).
95	95	4.4 EFFECTIVE DATE.This section is effective for crimes committed on or after August
96	96	4.51, 2025.
97	97	4Sec. 4.
98	98	25-01189 as introduced01/14/25 REVISOR VH/VJ