MIND Act Kicks Off Federal Study to Regulate Brain Data, Targeting Manipulation and Commercial Surveillance

The Management of Individuals’ Neural Data Act of 2025 (MIND Act) is a clear signal that Congress is worried about what’s happening inside your head. This bill doesn’t create new, immediate privacy rules, but it launches a massive, federally funded study to figure out how to stop companies from misusing your brain data—the readings taken from neurotechnology about your nervous system activity.

The FTC Gets the Mandate: Why Your Brain Data Needs a Firewall

Congress is concerned that current laws haven't kept pace with technology that can read your thoughts, feelings, and mental states. They worry that big tech companies are integrating neurotechnology with AI and global data networks, creating a perfect storm for manipulating behavior, influencing choices, and deepening inequality (SEC. 2). The MIND Act’s main action is handing the Federal Trade Commission (FTC) $10 million and one year to figure out how to fix this.

The FTC’s task is huge. They must deliver a detailed regulatory plan to Congress that addresses everything from how neural data is collected, sold, and used, to how it interacts with AI (SEC. 4). For you, the consumer, the most important part is that the FTC is specifically directed to recommend banning certain uses of neural data—like those designed to manipulate behavior. They must also recommend strict, explicit opt-in consent requirements, limiting data use only to what was clearly disclosed, and restricting the resale of your brain data for targeted ads.

Think about it this way: Right now, if a company makes a smart headband that tracks your sleep cycles and stress levels, that data might be sold to an advertiser or an insurer. The MIND Act wants to stop that cold. The FTC must recommend a framework that categorizes data based on how helpful it is versus how harmful it could be if misused, setting up the groundwork for a future where sensitive data is treated like medical records, not like ad inventory.

The Government’s Own Leash: Limiting Agency Use

The bill also puts the brakes on federal agencies buying or using neurotechnology that collects this data (SEC. 5). Once the FTC delivers its report, the Office of Science and Technology Policy (OSTP) has 180 days to create binding guidelines for all federal agencies, requiring explicit, opt-in consent for data use and setting strict ethical safeguards. The Office of Management and Budget (OMB) then makes those rules mandatory.

This is a crucial check on government surveillance. It means that agencies can't just start using brain-reading tech without clear rules and your permission. However, there is a catch: the actual prohibition on agencies using non-compliant tech doesn't kick in until a full year after the OMB issues the guidance (SEC. 5). That’s a long runway, potentially allowing agencies to continue using or procuring this technology in the interim before the final rules take effect.

The Takeaway for Busy People

The MIND Act is a procedural bill, not a regulatory one—it’s the planning phase before the actual construction begins. It acknowledges that your brain is the last frontier of privacy and that current laws are inadequate. If you’re a tech worker, this means the industry you operate in is about to face significant new governance standards. If you’re just someone who uses a wearable device, this bill is the first step toward ensuring that the data generated by your body—and potentially revealing your mental state—isn't used to manipulate your job prospects, insurance rates, or spending habits. The immediate impact is the $10 million study; the long-term impact is the potential for federal rules that finally treat your thoughts as private property.