In 2026, Canada became the first country in the world to identify neural data as personal information that is generally considered sensitive and requires a higher degree of protection. CIGI, along with the Neurorights Foundation and Connected Minds (funded by the Canada First Research Excellence Fund), engaged with the Office of the Privacy Commissioner of Canada (OPC) to raise awareness of governance gaps and privacy concerns with how neural data is gathered and used, resulting in an update to the OPC’s Interpretation Bulletin.
Neural data (our thoughts and brain activity) is sensitive and personal, and must be protected. Neurotechnology is increasingly integrated in widely available devices, and sensitive data is being collected without the same protections of other medical information, which increases risks to privacy. CIGI’s work with the OPC sets a new standard for care in a technological landscape that increasingly encroaches on our deepest thoughts.
CIGI has championed the protection of neural data through its program on freedom of thought. The initiative has produced more than 35 pieces of work since 2021, including a special report, papers, policy briefs, op-eds and videos. These works, spanning topics such as humanity’s cognitive liberty, technology-facilitated mind hacking, malign foreign information operations and more, have provided insight and fire to the global conversation surrounding what it means to think for ourselves in a world that is rapidly being shaped by technology that can appear to think the same way as, or better than, we do.
Other countries have also taken note of the necessity to acknowledge neural data as sensitive. Chile defined mental identity as a non-manipulable right, aiming to protect it against technological advancements in neurosciences and artificial intelligence, and certain US states including Colorado and California have also passed legislation amending its existing consumer privacy legislation to include neural data.