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Senate Democrats: FTC Should Probe Tech Industry’s Neural Data Handling

The FTC should investigate how neurotechnology companies are handling and sharing consumer data using brain-computer interface (BCI) technology, Senate Democrats said in a letter to FTC Chairman Andrew Ferguson on Monday.

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Senate Minority Leader Chuck Schumer, D-N.Y., wrote the letter with Senate Commerce Committee ranking member Maria Cantwell, D-Wash., and Sen. Ed Markey, D-Mass. The collection of neural data, which can be used to reveal “emotional states, mental health conditions, and behavioral patterns,” raises “urgent questions about privacy, consent, and national security,” they wrote.

The lawmakers recommended the FTC use its Section 6(b) authority to “compel reporting on data handling, commercial practices, and third-party access across the BCI sector.” The agency should “robustly” enforce the Children’s Online Privacy Protection Act to protect the privacy of children’s neural data, they said. In addition, they suggested the FTC use its Section 5 authority to deter deceptive and unfair practices.

The agency didn’t comment.