Tēnā koe Mr Jones

 

We acknowledge receipt of your 13 October 2025 request for information
under the Official Information Act 1982. We are currently reviewing your
request and will respond as soon as practical.

 

Could you please provide some clarification on one point?

 

In your request you ask for “[c]opies of correspondence between the Office
of the Privacy Commissioner and US counterparts… or international bodies…
relating to the MIND Act, global neural data governance, or emerging
technologies like AI and biometrics”.

 

Can you please advise if you are only requesting correspondence that may
relate to neural data?

 

Ngā mihi

 

Gemma Maslin ([1]she/her)

Senior Legal Adviser | Rōia Tuakana

 

Office of the Privacy Commissioner | Te Mana Mātāpono Matatapu
PO Box 10094, Wellington 6011

privacy.org.nz

 

[2][IMG]

 

[3][IMG]

 

Privacy is about protecting personal information, yours and others. To
find out how, and to stay informed, [4]subscribe to our newsletter. Have a
privacy question? [5]AskUs

 

Caution: If you have received this message in error please notify the
sender immediately and delete this message along with any attachments.
Please treat the contents of this message as private and confidential.
Thank you.

 

-----Original Message-----
From: SPENCER JONES <[FOI #32554 email]>
Sent: Saturday, 11 October 2025 2:55 pm
To: OIA <[Privacy Commissioner request email]>
Subject: Official Information request - Implications of US MIND Act for
Neural Data Privacy in New Zealand

 

Dear Office of the Privacy Commissioner,

 

Pursuant to the Official Information Act 1982, I request the following
information relating to the US “Management of Individuals’ Neural Data Act
of 2025” (MIND Act), introduced in the US Senate on or around 24 September
2025 by Senators Maria Cantwell, Chuck Schumer, and Edward Markey.

 

This bill directs the Federal Trade Commission (FTC) to establish privacy
standards for neural data collected via neurotechnology (e.g.,
brain-computer interfaces), emphasizing consent, transparency, security,
and prohibitions on unauthorized government collection of brain activity
data.

 

The MIND Act arises amid growing concerns over the privacy risks of
emerging technologies that interface with the human brain, potentially
including wireless-enabled devices. In a New Zealand context, this raises
questions about alignment with our Privacy Act 2020 (including recent
amendments like IPP3A under the Privacy Amendment Act 2025), the new
Biometric Processing Privacy Code 2025, digital innovation strategies, and
oversight of radiofrequency (RFR)/electromagnetic field (EMF) exposures
under standards like NZS 2772.1:1999, particularly as neurotech may
intersect with 5G/smart meter ecosystems and biometric data processing.

 

Please provide:

 

Any internal briefings, policy advice, or guidance generated by the Office
of the Privacy Commissioner (or interagency correspondence with the
Ministry of Business, Innovation & Employment, Ministry of Justice,
Ministry of Health, or other relevant bodies) since 1 January 2024
regarding the MIND Act, including:

Assessments of its implications for NZ privacy laws, biometric
regulations, or neurotechnology oversight (e.g., potential extensions of
the Biometric Processing Privacy Code to neural data).

 

Discussions on adopting similar safeguards for neural data in NZ (e.g.,
consent requirements for BCI data collection, transparency in indirect
data gathering under IPP3A, or prohibitions on unauthorized access).

 

Records of any reports, investigations, or consultations commissioned or
undertaken by the Office of the Privacy Commissioner aimed at
investigating privacy risks, ethical standards, or compliance requirements
for neural data collection via neurotech, including summaries, findings,
and any related public consultations (2015–2025).

 

Any advice papers or risk evaluations on the privacy implications of
integrating neural data technologies with existing NZ infrastructure
(e.g., smart meters, 5G networks), including assessments of consumer
privacy risks under the Privacy Act 2020 or comparative analyses to
international standards.

 

Copies of correspondence between the Office of the Privacy Commissioner
and US counterparts (e.g., FTC) or international bodies (e.g., OECD,
Asia-Pacific Privacy Authorities Forum, Five Eyes partners) relating to
the MIND Act, global neural data governance, or emerging technologies like
AI and biometrics.

 

If any part of this information is withheld, please state the exact
grounds under the OIA (specifying the subsection) and explain the public
interest test applied under section 9(1). Please respond electronically
within the statutory timeframe.

 

This request is made in the public interest to promote transparency on how
NZ is preparing for neurotechnology’s privacy challenges, especially given
the MIND Act’s focus on protecting brain data from exploitation and recent
NZ developments like the Biometric Processing Privacy Code.

 

Kind regards,

Spencer Jones

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[6][FOI #32554 email]

 

Is [7][Privacy Commissioner request email] the wrong address for Official Information
requests to Privacy Commissioner? If so, please contact us using this
form:

[8]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[9]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

References

Visible links
1. https://www.publicservice.govt.nz/guidan...
2. https://www.privacy.org.nz/news/statemen...
3. https://www.privacy.org.nz/responsibilit...
4. http://privacy.org.nz/subscribe/
5. http://www.privacy.org.nz/ask
6. mailto:[FOI #32554 email]
7. mailto:[Privacy Commissioner request email]
8. https://fyi.org.nz/change_request/new?bo...
9. https://fyi.org.nz/help/officers

hide quoted sections