VT Acknowledges Your Brain Has Rights

Vermont state flag flying on a pole with mountainous landscape in background

When Vermont Governor Phil Scott signed H.814 into law on May 18, 2026, it marked a quiet but historic moment: every Vermonter gained a legal right to the privacy of their own mind. For the brain injury community, which is a population that increasingly relies on brain-computer interfaces, AI-powered rehabilitation tools, and wearable neurotechnology, the law provides a crucial layer of protection for some of the most intimate data imaginable.

Formally titled “An act relating to neurological rights and the use of artificial intelligence technology in health and human services,” H.814 takes effect July 1, 2026. The bill legally recognizes what should already be commonsense: every Vermonter has a right to “mental and neural data privacy,” “the freedom of thought,” and protection from “unauthorized access to or manipulation of an individual’s brain activity.” For those with brain injuries who depend on neurotechnology for communication, mobility, or cognitive support, that last phrase is a safeguard for the data generated at the most vulnerable intersection of their lives.

With this bill, Vermont joins Colorado, California, Montana, and Connecticut, though each of which has taken a distinct approach to neurological privacy. Colorado and California moved first in 2024, amending existing consumer privacy statutes to classify neural data as sensitive personal information. Montana went further with a standalone law amending its Genetic Information Privacy Act, requiring robust consent and uniquely prohibiting the storage of neural data in U.S.-sanctioned countries. Connecticut’s 2025 amendment was narrower, covering only the central nervous system. Vermont’s law aligns most closely with Connecticut’s, in that it establishes specific rights, while directing the state’s AI Advisory Council to develop further ethical guidelines, which extends through 2030.

Sponsored by State Representative Brian Cina, a clinical social worker, Vermont’s new legislation, and beyond the aforementioned five states that have similar laws, Massachusetts, Minnesota, Illinois, and New York are currently advancing similar bills. For the brain injury community, the question is no longer whether neurotechnology will be part of care and recovery, as it already is. The question is whether the law will keep pace.