The American Medical Association (AMA) House of Delegates has adopted a new policy to protect patients’ neural data, following efforts led by Colorado physicians. The policy was approved unanimously at the AMA’s 2025 Annual Meeting in Chicago on June 11.
The resolution was introduced by Dr. Lynn Parry, a neurologist from Littleton, Colorado, and member of the Colorado Delegation to the AMA. It builds on legislation passed in Colorado in 2024 that extended state consumer privacy protections to include neural data. That law, HB24-1058, was championed by Dr. Sean Pauzauskie of UCHealth in Fort Collins and then-Representative Cathy Kipp.
Resolution 503, titled “Safeguarding Neural Data Collected by Neurotechnologies,” defines neural data as “information obtained by measuring the activity of a person’s central or peripheral nervous system through the use of neurotechnologies,” excluding “data inferred from nonneural information.” The policy affirms support for legislative and regulatory actions aimed at protecting users of neurotechnology devices.
Dr. Parry commented on the significance of these efforts: “It was due to the extraordinary efforts of Dr. Sean Pauzauskie and the Neurorights Foundation that the Colorado Medical Society not only had a policy on defining and protecting personal neural data but also succeeded in advocating for the state of Colorado to become the first in the nation to extend its state consumer data privacy law, the Colorado Privacy Act, to protect neural data. It was, therefore, a great privilege for the Colorado Delegation to the AMA House of Delegates to drive the adoption of this critical resolution that, with the support of the American Academy of Neurology, has now become a new policy of the American Medical Association.”
Dr. Pauzauskie added: “The AMA’s new policy represents a defining moment for the protection of patient and consumer neural data – in addition to its clear language on what does and does not constitute neural data, paving the way for further state and federal efforts, it also opens the next frontiers of fair access to and freedom from bias from neurotechnologies. We applaud the AMA’s leadership in so clearly focusing global attention on these critical questions.”
Neurotechnology devices can record or alter nervous system activity and are used both clinically and increasingly within consumer markets. These devices may be invasive or non-invasive.
Concerns about how companies might misuse neural data prompted lawmakers in Colorado to pass HB24-1058 extending privacy protections under existing laws such as the Colorado Privacy Act specifically for neural information beginning August 2024.
After HB24-1058 became law, Dr. Pauzauskie wrote an op-ed stating: “HB24-1058 provides a simple, reasonable, balanced approach towards the protection of patients, and clear standards to promote and incentivize innovation in the coming age of neurotechnology for Colorado. Colorado takes care of its own and as a member of the Colorado physician community, I felt that I needed to help protect the data that makes us us.” He continued: “Physicians in Colorado are responsible for initiating the first law in the nation for the protection of privately collected biological and neural data, a real win for patients and trust in the era of medical-grade consumer neurotechnology. I feel a deep sense of honor knowing I worked to create this change for my patients.”
The newly adopted AMA policy aims to keep pace with rapid developments in neurotechnologies which have outstripped current regulatory frameworks nationwide.
