The Californian senate approved the bill (Refer https://www.naavi.org/wp/california-becomes-the-second-us-state-to-recognize-neurorights/).
DPDPA 2023 does not define “Sensitive Personal Data” but includes “Sensitivity of data processed” in the definition of Significant Data Fiduciary.
Hence India can also bring Neuro Rights protection within its DPDPA 2023 despite lack of clear definition of Neural Data.
The Neural Data as an electro chemical activity of the brain however fits into to the definition of electronic data under ITA 2000 as a representation of information in binary form and hence it is possible to arrive at the legal interpretation that “Neural Data” is “Personal Data”.
Naavi
