At ECAC, we aim to keep our members ahead of legal, technological, and ethical shifts that affect data, privacy, and innovation. A newly proposed bill, the Management of Individuals’ Neural Data Act of 2025 (also called the MIND Act), is shaping up to be one of the most significant developments in emerging data privacy law. This blog explains what the MIND Act is, why it matters, and how organizations in the customer experience and technology sectors can prepare.
What Is the MIND Act
The MIND Act directs the Federal Trade Commission (FTC) to study how neural data and other related data should be governed. The bill is designed to ensure that laws evolve to keep pace with the rapid growth of neurotechnology and the use of brain-related data.
Key provisions include:
- Defining neural data as information obtained by measuring activity in the human nervous system through neurotechnology.
- Defining other related data as biometric, physiological, or behavioral data that can be used to infer a person’s cognitive, emotional, or psychological state.
- Requiring the FTC to review existing privacy laws, identify gaps, and recommend a regulatory framework to protect neural data.
- Mandating consultation with stakeholders such as private industry, academia, advocacy organizations, and federal agencies.
- Directing federal agencies to avoid procuring or using neurotechnologies that conflict with the FTC’s findings or future guidance from the Office of Science and Technology Policy (OSTP).
- Instructing OSTP to issue federal guidance on ethical and secure use of neurotechnology.
The MIND Act recognizes that neural data may be among the most private forms of information a person can share and that existing laws may not be sufficient to prevent misuse.
Why This Matters to Our Industry
The MIND Act is relevant not only to companies working directly with neurotechnology but also to any organization that gathers or analyzes behavioral or biometric data. Below are several reasons why ECACUSA members should pay attention.
Sensitive data is expanding
Even if a business does not directly collect brainwave or neural data, many systems today infer a person’s focus, mood, or intent using facial recognition, voice tone, eye tracking, or biometric sensors. The MIND Act’s broad definition of related data could include these forms of inference.
Legal and compliance risks are increasing
If the FTC recommends new rules, organizations may need to revise how they obtain consent, manage data, and disclose how information is used. Noncompliance could lead to enforcement actions or class action liability.
Trust and transparency matter more than ever
Customers expect honesty about how their data is collected and applied. Misleading or unclear disclosures can damage trust and invite public scrutiny.
Product and design changes may be required
The MIND Act could limit or prohibit certain types of neurotechnology or emotional inference, even when users have given consent. Developers should begin reviewing data dependencies and redesigning for privacy.
Opportunity for leadership
Organizations that establish strong data governance and ethical standards early can help shape industry norms and position themselves as leaders in responsible innovation.
Steps for ECACUSA Members to Consider
- Map neural or inference data flows: Identify where your organization collects or processes information that might reveal a person’s emotional or cognitive state.
- Review privacy notices and user consent: Make sure disclosures are clear and allow meaningful choices.
- Strengthen security protocols: Implement encryption, limited access, vendor oversight, and regular audits to protect sensitive data.
- Engage with policy discussions: Follow the progress of the MIND Act and contribute your perspective to regulators, trade associations, and industry groups.
- Establish internal ethical standards: Define acceptable and unacceptable uses of neural or inference data and train teams to follow those guidelines.
The Bottom Line
The Management of Individuals’ Neural Data Act of 2025 signals a growing federal focus on protecting the most personal kind of information: data that reveals how people think, feel, and make decisions. For organizations in customer experience, technology, and analytics, this bill represents both a challenge and an opportunity.
At ECACUSA, we will continue to monitor the MIND Act, share updates with our members, and promote best practices that align innovation with trust and responsibility. Our goal is to ensure that ECACUSA members lead the way in ethical data use, transparency, and customer confidence.
