PRIVACY-NEURAL DATA-DEVICES

Illinois General Assembly - Full Text of HB5179

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HB5179 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5179

Introduced 2/10/2026, by Rep. Anne Stava

SYNOPSIS AS INTRODUCED:

New Act

Creates the Protection of Neural Data Act. Requires any nonmedical
person or organization using or facilitating neural devices to access
individuals' neural data to publicly post all user agreements and privacy
terms on their website and clearly disclose to individuals the health and
safety risks associated with the device. Prohibits a covered entity from
storing, retaining, or transferring an individual's neural data unless the
individual consents. Requires that covered entities must delete all neural
data in their possession and instruct all third party recipients to do the
same within 30 days of an individual's retracting of consent. Authorizes
the Attorney General and State's Attorneys to enforce the Act. Makes
violation of this Act a Class 1 misdemeanor Creates a civil cause of action
for violation and a presumption of at least $10,000 in damages for
unauthorized transfer of neural data.
LRB104 17766 JRC 31198 b

A BILL FOR

HB5179
LRB104 17766 JRC 31198 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Protection of Neural Data Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Covered entity" means a person that uses or facilitates
8
the use of a neural device to monitor, record, analyze, or
9
manipulate the neural data of an individual. "Covered entity"
10
does not include:
11

(1) an individual who is licensed in Illinois to
12

provide health care services and who uses or facilitates
13

the use of a neural device to monitor, record, analyze, or
14

manipulate the neural data of an individual for a medical
15

purpose; or
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(2) a licensed health care facility.
17

"Neural data" means information that:
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(1) concerns the activity of an individual's central
19

nervous system or peripheral nervous systems, including
20

the brain and spinal cord; and
21

(2) can be monitored, recorded, analyzed, or
22

manipulated by a neural device.
23

"Neural device" means a device that:

HB5179
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LRB104 17766 JRC 31198 b
1

(1) employs an electronic, optical, magnetic,
2

nanophysical, acoustical, or mechanical system; and
3

(2) is capable of replacing, restoring, complementing,
4

improving, or otherwise modifying the response of the
5

individual's central nervous system to its internal or
6

external environment.

7

Section 10.
Disclosure requirements.
8

(a) A covered entity must do the following before using or
9
facilitating the use of a neural device to monitor, record,
10
analyze, or manipulate the neural data of an individual:
11

(i) plainly disclose on the covered entity's website,
12

if any, all user agreements, privacy agreements, and other
13

terms that the covered entity requires an individual to
14

consent to use the covered entity's neural device; and
15

(ii) plainly disclose to the individual:
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(a) all health and safety risks associated with
17

the use of the neural device;
18

(b) whether the neural device collects data in
19

addition to whatever data collection is necessary to
20

perform the advertised or otherwise described function
21

of the neural device;
22

(c) that the covered entity may not store or
23

otherwise retain the individual's neural data after
24

the individual's use of the neural device unless the
25

covered entity acquires the individual's consent to do

HB5179
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LRB104 17766 JRC 31198 b
1

so under Section 15;
2

(d) that the covered entity may not transfer
3

possession of the individual's neural data to any
4

third party unless the covered entity acquires the
5

individual's consent to do so under Section 15; and
6

(e) how the covered entity safeguards the privacy
7

of individuals' neural data.

8

Section 15.
Consent requirements.
9

(a) A covered entity may not store, retain, or transfer an
10
individual's neural data unless the covered entity acquires
11
the individual's consent to do so.
12

(b) An individual who consents to allow a covered entity
13
to store, retain, or transfer the individual's neural data may
14
retract such consent at any time by notifying the covered
15
entity electronically, telephonically, or in writing. A
16
retraction is effective upon receipt by the covered entity. A
17
covered entity that receives such a retraction must:
18

(i) promptly cancel and deactivate the individual's
19

account and block any potential future transfer of the
20

individual's neural data to any third party; and
21

(ii) within 30 days after receiving the retraction:
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(a) delete all neural data of the individual in
23

the covered entity's possession in a manner that
24

renders the neural data unrecoverable; and
25

(b) contact each third party to which the covered

HB5179
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LRB104 17766 JRC 31198 b
1

entity has transferred possession of the individual's
2

neural data and instruct the third party to delete the
3

neural data. A third party that receives this
4

instruction from a covered entity must promptly comply
5

with the instruction.

6

Section 20.
Enforcement and remedies.
The Attorney General
7
and State's Attorneys are authorized to enforce this Act.
8

(a) A person that violates this Act commits a class 1
9
misdemeanor. Notwithstanding subsection (b), if a court finds
10
that a covered entity's violation of this Act is part of a
11
pattern of noncompliance with this Act, the court may require
12
the covered entity to pay a fine of not more than $50,000.

13

(b) An individual who suffers damages as a result of
14
covered entity's violation of this Act may pursue a civil
15
action to recover damages. The individual is presumed to have
16
suffered damages in an amount not less than $10,000 if the
17
court determines that a covered entity transferred possession
18
of an individual's neural data to a third party in violation of
19
this Act.

20

Section 25.
Rules.
The Attorney General may adopt rules as
21
necessary for the implementation of this Act.

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