Vermont 2025-2026 Regular Session

Vermont House Bill H0366 Compare Versions

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

Old	New	Differences
1	1	BILL AS INTRODUCED H.366
2	2	2025 Page 1 of 6
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5	5	VT LEG #379396 v.1
6	6	H.366 1
7	7	Introduced by Representatives Cina of Burlington, Priestley of Bradford, 2
8	8	Logan of Burlington, and McGill of Bridport 3
9	9	Referred to Committee on 4
10	10	Date: 5
11	11	Subject: Health; neurological rights; data privacy 6
12	12	Statement of purpose of bill as introduced: This bill proposes to provide 7
13	13	neurological rights to individuals by creating privacy standards for neural data 8
14	14	and by prohibiting electronic devices from bypassing the conscious decision 9
15	15	making of individuals who have not provided consent. 10
16	16	An act relating to neurological rights 11
17	17	It is hereby enacted by the General Assembly of the State of Vermont: 12
18	18	Sec. 1. PURPOSE 13
19	19	An individual has the right to: 14
20	20	(1) mental and neural data privacy; 15
21	21	(2) the freedom of thought; 16
22	22	(3) cognitive liberty; 17
23	23	(4) change an individual’s decision regarding neurotechnology and the 18
24	24	right to determine by what means to change that decision; 19 BILL AS INTRODUCED H.366
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29	29	(5) be afforded protection from neurotechnological interventions of the 1
30	30	mind and from unauthorized access to or manipulation of an individual’s brain 2
31	31	activity; and 3
32	32	(6) be afforded protection from unauthorized neurotechnological 4
33	33	alterations in mental functions critical to personality. 5
34	34	Sec. 2. 18 V.S.A. chapter 42C is added to read: 6
35	35	CHAPTER 42C. NEUROLOGICAL RIGHTS 7
36	36	§ 1889. DEFINITIONS 8
37	37	As used in this chapter: 9
38	38	(1) “Brain-computer interface” means a device that enables its user to 10
39	39	interact with a computer by means of brain activity only. 11
40	40	(2) “Conscious decision making” means an individual making a 12
41	41	deliberate decision with awareness and intention. 13
42	42	(3) “Consciousness bypass” means the use of neurotechnology to 14
43	43	manipulate brain activity by applying electrical or optical stimuli without the 15
44	44	conscious awareness of the individual whose brain activity is being 16
45	45	manipulated. 17
46	46	(4) “Neural data” means information that is generated by the 18
47	47	measurement of the activity of an individual’s central or peripheral nervous 19
48	48	systems and that can be processed by or with the assistance of a device. 20 BILL AS INTRODUCED H.366
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53	53	(5) “Neurotechnology” means the assembly of methods and instruments 1
54	54	that enable a direct connection of technical components with the nervous 2
55	55	system of an individual. 3
56	56	(6) “Written informed consent” means the written consent given 4
57	57	voluntarily by an individual with capacity, on the individual’s own behalf or on 5
58	58	behalf of another in the role of an agent, guardian, or surrogate, after being 6
59	59	fully informed of the nature, benefits, risks, and consequences of the proposed 7
60	60	agreement. 8
61	61	§ 1890. NEURAL DATA PRIVACY 9
62	62	(a) Prohibition. Subject to the limited exceptions provided in this section, 10
63	63	no person shall: 11
64	64	(1) collect or record an individual’s neural data gathered from a brain-12
65	65	computer interface; or 13
66	66	(2) share with a third party an individual’s neural data gathered from a 14
67	67	brain-computer interface. 15
68	68	(b) Consent to collect. A person shall not collect or record an individual’s 16
69	69	neural data gathered from a brain-computer interface unless the person: 17
70	70	(1) provides the individual with a written notice explaining how the 18
71	71	person will use the individual’s neural data; and 19
72	72	(2) thereafter receives written informed consent from the individual to 20
73	73	collect or record the individual’s neural data. 21 BILL AS INTRODUCED H.366
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78	78	(c) Consent to share. A person shall not share with a third party an 1
79	79	individual’s neural data gathered from a brain-computer interface unless the 2
80	80	person: 3
81	81	(1) provides the individual with a written request for the individual’s 4
82	82	neural data to be shared with a third party and for what purposes, including the 5
83	83	name and address of the third party; and 6
84	84	(2) thereafter receives written informed consent from the individual to 7
85	85	share the individual’s neural data with the third party. 8
86	86	(d) Revocation of consent. 9
87	87	(1) An individual who has provided written informed consent allowing a 10
88	88	person to collect, record, or share the individual’s neural data pursuant to this 11
89	89	section has the right to revoke consent at any time thereafter by providing 12
90	90	written notice to the person initially receiving the consent. This revocation of 13
91	91	consent notice shall be as easy or easier for the individual to provide as 14
92	92	compared to the requirements for initially providing consent. 15
93	93	(2) A person who receives written notice from an individual revoking 16
94	94	consent pursuant to subdivision (1) of this subsection shall: 17
95	95	(A) destroy all records of the individual’s neural data not later than 18
96	96	10 days after receiving the notice; and 19
97	97	(B) in the case of the revocation of consent to share an individual’s 20
98	98	neural data, immediately: 21 BILL AS INTRODUCED H.366
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103	103	(i) cease sharing an individual’s neural data with all third parties 1
104	104	upon receipt of the notice; and 2
105	105	(ii) inform all third parties with whom the person has shared the 3
106	106	individual’s neural data that the individual has revoked consent. 4
107	107	§ 1891. CONSCIOUSNESS BYPASS LIMITATIONS 5
108	108	(a) Specific consent required. 6
109	109	(1) A person shall not allow a brain-computer interface it manufactures 7
110	110	to be used to bypass the conscious decision making of an individual unless the 8
111	111	person has received specific, written informed consent from the individual. As 9
112	112	used in this section, “specific” means written consent for each and every 10
113	113	category of action performed by the brain-computer interface. 11
114	114	(2) A person receiving written informed consent from an individual 12
115	115	shall keep a record of the individual’s consent. 13
116	116	(3) Consent obtained by using a consciousness bypass is not informed 14
117	117	consent. 15
118	118	(b) Revoking consent. 16
119	119	(1) An individual who has provided specific, written informed consent 17
120	120	allowing a brain-computer interface to be used to bypass the conscious 18
121	121	decision making of the individual pursuant to this section has the right to 19
122	122	revoke consent at any time thereafter by providing notice to the person initially 20
123	123	receiving the consent. This revocation of consent notice shall be as easy or 21 BILL AS INTRODUCED H.366
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128	128	easier for the individual to provide as compared to the requirements for 1
129	129	initially providing consent. 2
130	130	(2) An individual’s agent, guardian, or surrogate has the right to revoke 3
131	131	consent on behalf of the individual pursuant to subdivision (1) of this 4
132	132	subsection. 5
133	133	§ 1892. PENALTY; ENFORCEMENT 6
134	134	(a) A violation of this chapter shall constitute an unfair or deceptive act or 7
135	135	practice in commerce under 9 V.S.A. chapter 63, Vermont’s Consumer 8
136	136	Protection Act. 9
137	137	(b) A person who violates this chapter shall be subject to a civil penalty of 10
138	138	not more than $10,000.00 for each violation. 11
139	139	(c) The Attorney General shall have the same authority to make rules, 12
140	140	conduct civil investigations, enter into assurances of discontinuance, and bring 13
141	141	civil actions as provided under 9 V.S.A. chapter 63, subchapter 1. Consumers 14
142	142	shall have the same rights and remedies as provided under 9 V.S.A. chapter 63, 15
143	143	subchapter 1. 16
144	144	Sec. 3. EFFECTIVE DATE 17
145	145	This act shall take effect on July 1, 2025. 18