Hawaii, Montana Lawmakers See More Biometric Privacy Rules

Montana Sen. Daniel Zolnikov (R) on Wednesday filed SB-163. It would include neural data within the scope of the state’s 2023 Genetic Information Privacy Act. Zolnikov previously filed a student data privacy bill (see 2501100045).

“Neurotechnologies, including devices capable of recording, interpreting, and altering the response of an individual's central or peripheral nervous system to its internal or external environment, raise particularly pressing privacy concerns given their ability to monitor, decode, and manipulate brain activity,” says the Montana bill.

On the same day, Hawaii Sen. Joy San Buenaventura introduced SB-318 with six other Democrats and a Republican as co-sponsors. It would require the state commerce department to set privacy requirements for direct-to-consumer genetic testing.

“The legislature finds that residents who utilize commercially available genetic testing to establish ancestry, health risks, or for other purposes should be confident that their genetic information is safe,” says the bill. “While the Health Insurance Portability and Accountability Act protects genetic information if a genetic test is ordered or information is maintained by a covered health care provider, health plan, or health care clearinghouse, the Act does not protect the results of direct-to-consumer genetic testing.”