Montana Legislature revises Genetic Information Privacy Act to include neurotechnology data

The Montana Legislature convened on April 18, 2025, to introduce Senate Bill 163, a significant revision of the Genetic Information Privacy Act. This bill aims to expand the scope of the existing law to include neurotechnology data, reflecting growing concerns over privacy in the face of rapid technological advancements.

Senate Bill 163 seeks to address the increasing volume and sensitivity of personal data generated by neurotechnologies—devices that can record and interpret brain activity and other bodily functions. The bill emphasizes the importance of protecting individual privacy rights, as enshrined in Article II, Section 10 of the Montana Constitution. It articulates legislative findings that underscore the necessity of safeguarding personal data in an era where technology poses both opportunities and risks.

Key provisions of the bill include the addition of specific protections for neurotechnology data, revisions to privacy notices, and the establishment of clearer definitions related to genetic and neurotechnology information. The bill also revises existing exceptions within the Genetic Information Privacy Act, aiming to tighten the regulations surrounding the use and sharing of sensitive data.

Debate surrounding Senate Bill 163 has highlighted concerns from various stakeholders. Proponents argue that the bill is essential for ensuring that individuals maintain control over their personal data, particularly as neurotechnologies become more prevalent. Critics, however, have raised questions about the feasibility of enforcing these protections and the potential impact on innovation within the tech industry.

The implications of this legislation are significant. If passed, it could set a precedent for how states regulate emerging technologies and their associated data privacy concerns. Experts suggest that the bill could lead to a broader national conversation about privacy rights in the context of advanced technologies, potentially influencing similar legislative efforts in other states.

As the legislative session progresses, the future of Senate Bill 163 remains uncertain, with ongoing discussions expected to shape its final form. The bill's fate will likely hinge on balancing the need for robust privacy protections with the interests of technological advancement and economic growth in Montana.