Neurodiversity Rights Protection Act NeuroRights Passes in Massachusetts: Banning Discrimination Based on Brainwave Data

Neurodiversity Rights Protection Act NeuroRights Passes in Massachusetts: Banning Discrimination Based on Brainwave Data

The Massachusetts state legislature passed the NeuroRights neurodiversity rights protection act on July 8 with a vote of 121 in favor and 38 opposed. The law prohibits employers from using brainwave data in hiring, promotion, or performance evaluations; prohibits insurance companies from referencing brainwave information in underwriting or claims; and prohibits educational institutions from using neural data in admissions or assessments.

The legislation was driven by the rapid proliferation of consumer-grade EEG devices. More than 20 brain-sensing headband products priced below $300 are currently on the market, and some employers have begun experimenting with using these devices to "assess" employees' attention levels and stress states. NeuroRights explicitly classifies such behavior as privacy-violating discriminatory conduct.

Institutions that violate NeuroRights face fines of up to $500,000 per violation. The law also grants individuals complete control over their own neural data — any institution must obtain explicit informed consent before collecting an individual's brainwave data.