Implications of US MIND Act for Neural Data Privacy and Smart Infrastructure
SPENCER JONES made this Official Information request to Electricity Authority
The request was refused by Electricity Authority.
From: SPENCER JONES
Dear Electricity Authority,
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, the Electricity Industry Act 2010, and oversight of radiofrequency (RFR)/electromagnetic field (EMF) exposures under standards like NZS 2772.1:1999, particularly as neurotech may intersect with smart meter ecosystems, 5G networks, and other electricity infrastructure.
Please provide:
Any internal briefings, policy advice, or technical assessments generated by the Electricity Authority (or interagency correspondence with the Ministry of Business, Innovation & Employment, Ministry of Health, Privacy Commissioner, or other relevant bodies) since 1 January 2024 regarding the MIND Act, including:
Assessments of its implications for NZ electricity infrastructure privacy standards or neurotechnology regulation (e.g., potential impacts on smart meter data security or EMF exposure limits).
Discussions on adopting similar safeguards for neural data in NZ (e.g., consent requirements for data collection via smart meters or other networked devices, or enhanced security protocols for neurotech integration).
Records of any studies, reports, or consultations commissioned or undertaken by the Electricity Authority aimed at investigating privacy risks, health effects, or technical standards for neural data collection via neurotech in relation to electricity infrastructure, including summaries and findings (2015–2025). This includes any evaluations of smart meter or 5G network interactions with neurotech devices.
Any advice papers or risk evaluations on the integration of neural data technologies with existing NZ electricity infrastructure (e.g., smart meters, 5G-enabled grids), including cost-benefit analyses or comparative risks to consumer privacy and health under NZS 2772.1:1999 or related standards.
Copies of correspondence between the Electricity Authority and US counterparts (e.g., FTC, relevant energy regulators) or international bodies (e.g., International Electrotechnical Commission, Five Eyes partners) relating to the MIND Act or global neural data governance in the context of electricity networks.
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’s electricity sector is preparing for neurotechnology’s privacy and health challenges, especially given the MIND Act’s focus on protecting brain data from exploitation and the growing use of smart infrastructure.
Kind regards,
Spencer Jones
From: OIA
Electricity Authority
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Kia ora Spencer,
Thank you for your request of 11 October 2025, under the Official
Information Act 1982, for the following information:
Any internal briefings, policy advice, or technical assessments generated
by the Electricity Authority (or interagency correspondence with the
Ministry of Business, Innovation & Employment, Ministry of Health, Privacy
Commissioner, or other relevant bodies) since 1 January 2024 regarding the
MIND Act, including:
Assessments of its implications for NZ electricity infrastructure privacy
standards or neurotechnology regulation (e.g., potential impacts on smart
meter data security or EMF exposure limits).
Discussions on adopting similar safeguards for neural data in NZ (e.g.,
consent requirements for data collection via smart meters or other
networked devices, or enhanced security protocols for neurotech
integration).
Records of any studies, reports, or consultations commissioned or
undertaken by the Electricity Authority aimed at investigating privacy
risks, health effects, or technical standards for neural data collection
via neurotech in relation to electricity infrastructure, including
summaries and findings (2015–2025). This includes any evaluations of smart
meter or 5G network interactions with neurotech devices.
Any advice papers or risk evaluations on the integration of neural data
technologies with existing NZ electricity infrastructure (e.g., smart
meters, 5G-enabled grids), including cost-benefit analyses or comparative
risks to consumer privacy and health under NZS 2772.1:1999 or related
standards.
Copies of correspondence between the Electricity Authority and US
counterparts (e.g., FTC, relevant energy regulators) or international
bodies (e.g., International Electrotechnical Commission, Five Eyes
partners) relating to the MIND Act or global neural data governance in the
context of electricity networks.
We will endeavour to respond to your request as soon as possible and in
any event no later than 10 November 2025, being 20 working days after the
day your request was received.
If we are unable to respond to your request by then, we will notify you of
an extension of that timeframe.
If you have any queries, please feel free to contact me by emailing
[1][Electricity Authority request email].
Ngâ mihi nui,
Alex Shearer ([2]she/her)
Senior Ministerial Advisor
[3][IMG]
Level 7, AON Centre, 1 Willis Street
PO Box 10041, Wellington 6143, New Zealand
[4]www.ea.govt.nz
[5][IMG] [6][IMG] [7][IMG]
-----Original Message-----
From: SPENCER JONES <[FOI #32556 email]>
Sent: Saturday, 11 October 2025 3:12 pm
To: OIA <[Electricity Authority request email]>
Subject: [External] Official Information request - Implications of US MIND
Act for Neural Data Privacy and Smart Infrastructure
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[8][FOI #32556 email]. Learn why this is
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Dear Electricity Authority,
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, the Electricity
Industry Act 2010, and oversight of radiofrequency (RFR)/electromagnetic
field (EMF) exposures under standards like NZS 2772.1:1999, particularly
as neurotech may intersect with smart meter ecosystems, 5G networks, and
other electricity infrastructure.
Please provide:
Any internal briefings, policy advice, or technical assessments generated
by the Electricity Authority (or interagency correspondence with the
Ministry of Business, Innovation & Employment, Ministry of Health, Privacy
Commissioner, or other relevant bodies) since 1 January 2024 regarding the
MIND Act, including:
Assessments of its implications for NZ electricity infrastructure privacy
standards or neurotechnology regulation (e.g., potential impacts on smart
meter data security or EMF exposure limits).
Discussions on adopting similar safeguards for neural data in NZ (e.g.,
consent requirements for data collection via smart meters or other
networked devices, or enhanced security protocols for neurotech
integration).
Records of any studies, reports, or consultations commissioned or
undertaken by the Electricity Authority aimed at investigating privacy
risks, health effects, or technical standards for neural data collection
via neurotech in relation to electricity infrastructure, including
summaries and findings (2015–2025). This includes any evaluations of smart
meter or 5G network interactions with neurotech devices.
Any advice papers or risk evaluations on the integration of neural data
technologies with existing NZ electricity infrastructure (e.g., smart
meters, 5G-enabled grids), including cost-benefit analyses or comparative
risks to consumer privacy and health under NZS 2772.1:1999 or related
standards.
Copies of correspondence between the Electricity Authority and US
counterparts (e.g., FTC, relevant energy regulators) or international
bodies (e.g., International Electrotechnical Commission, Five Eyes
partners) relating to the MIND Act or global neural data governance in the
context of electricity networks.
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’s electricity sector is preparing for neurotechnology’s privacy and
health challenges, especially given the MIND Act’s focus on protecting
brain data from exploitation and the growing use of smart infrastructure.
Kind regards,
Spencer Jones
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From: OIA
Electricity Authority
Kia ora Spencer
Thank you for your request of 11 October 2025, under the Official Information Act 1982.
Please find attached the Electricity Authority’s response. If you have any questions regarding our response, please don’t hesitate to contact me.
Ngâ mihi nui,
Alex Shearer (she/her)
Senior Ministerial Advisor
-----Original Message-----
From: SPENCER JONES <[FOI #32556 email]>
Sent: Saturday, 11 October 2025 3:12 pm
To: OIA <[Electricity Authority request email]>
Subject: [External] Official Information request - Implications of US MIND Act for Neural Data Privacy and Smart Infrastructure
[You don't often get email from [FOI #32556 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]
Please be careful with this email as it has bypassed our usual Junk Email checks
Dear Electricity Authority,
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, the Electricity Industry Act 2010, and oversight of radiofrequency (RFR)/electromagnetic field (EMF) exposures under standards like NZS 2772.1:1999, particularly as neurotech may intersect with smart meter ecosystems, 5G networks, and other electricity infrastructure.
Please provide:
Any internal briefings, policy advice, or technical assessments generated by the Electricity Authority (or interagency correspondence with the Ministry of Business, Innovation & Employment, Ministry of Health, Privacy Commissioner, or other relevant bodies) since 1 January 2024 regarding the MIND Act, including:
Assessments of its implications for NZ electricity infrastructure privacy standards or neurotechnology regulation (e.g., potential impacts on smart meter data security or EMF exposure limits).
Discussions on adopting similar safeguards for neural data in NZ (e.g., consent requirements for data collection via smart meters or other networked devices, or enhanced security protocols for neurotech integration).
Records of any studies, reports, or consultations commissioned or undertaken by the Electricity Authority aimed at investigating privacy risks, health effects, or technical standards for neural data collection via neurotech in relation to electricity infrastructure, including summaries and findings (2015–2025). This includes any evaluations of smart meter or 5G network interactions with neurotech devices.
Any advice papers or risk evaluations on the integration of neural data technologies with existing NZ electricity infrastructure (e.g., smart meters, 5G-enabled grids), including cost-benefit analyses or comparative risks to consumer privacy and health under NZS 2772.1:1999 or related standards.
Copies of correspondence between the Electricity Authority and US counterparts (e.g., FTC, relevant energy regulators) or international bodies (e.g., International Electrotechnical Commission, Five Eyes partners) relating to the MIND Act or global neural data governance in the context of electricity networks.
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’s electricity sector is preparing for neurotechnology’s privacy and health challenges, especially given the MIND Act’s focus on protecting brain data from exploitation and the growing use of smart infrastructure.
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:
[FOI #32556 email]
Is [Electricity Authority request email] the wrong address for Official Information requests to Electricity Authority? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
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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.
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Greg left an annotation ()
They are spraying everyone with smartdust , they have technology in the sky imitating stars it's in fact a giant skynet armed with dew, this is I believe from Lockheed martin which is owned by Blackrock, I believe operated by the gsbc invest in some decent nightvision goggles and you will see the full scope of it ,
SPENCER JONES left an annotation ()
The Electricity Authority’s response is significant not because it provides substantive material, but because it confirms that the Authority holds no internal briefings, policy advice, technical assessments, or interagency correspondence on the implications of the US MIND Act, neural-data governance, or related smart-infrastructure risks. In effect, the Authority has confirmed that it has undertaken no work in this area and holds no records addressing the issues raised in this request.
That is important in a New Zealand context because the Authority’s official role in relation to metering is focused on matters such as meter accuracy, certification, settlement integrity, and the security of metering information under Part 10 of the Electricity Industry Participation Code. It is not, on its own description, the agency assessing non-ionising radiation, health effects, or broader neurotechnology governance.
The response therefore highlights a broader governance gap. Smart meters sit at the intersection of electricity regulation, technical standards, consumer data governance, privacy law, and public-health oversight. Yet this request suggests those responsibilities remain fragmented across separate agencies, with no obvious single regulator taking ownership of the combined privacy, health, and infrastructure implications. MBIE’s current work on electricity-sector consumer data reform reinforces that energy-data governance is an active policy space, even if the Electricity Authority itself says it holds nothing on this specific subject.
For that reason, this response should not be read simply as “nothing exists,” but as evidence of institutional fragmentation. The next logical step is to direct targeted OIA requests to MBIE, the Ministry of Health / Health NZ, and the Office of the Privacy Commissioner to establish which agency, if any, has assessed smart-meter privacy risks, downstream data-use issues, health impacts, or the adequacy of current safeguards.
SPENCER JONES left an annotation ()
Smart meter governance in New Zealand: who appears to do what
Electricity Authority
Core apparent role: metering rules, meter accuracy, certification, settlement integrity, and security of metering information under the Code. The Authority has publicly stated in your case that it does not regulate non-ionising radiation and does not hold the material sought on neural-data or related health/privacy matters.  
MBIE
Likely role: broader regulatory policy, standards/conformance system, and now electricity-sector consumer data reform. MBIE’s recent CPD Act work shows it is actively involved in electricity data governance questions beyond the Authority’s narrower metering role. 
Office of the Privacy Commissioner
Role: privacy-law framework, including the 13 information privacy principles governing collection, storage, use, and disclosure of personal information. This is the most obvious home for questions about whether granular smart meter data is personal information and what safeguards should apply. 
Ministry of Health / Health NZ
Likely role: public-health guidance on non-ionising radiation and associated health-risk framing. The EA itself pointed requesters toward health-sector resources for non-ionising fields, indicating that health oversight sits outside the Authority. 
Where the gap appears to be
No single agency obviously owns the combined question:
smart meter technology + consumer data + privacy inference + public-health concern + cross-agency accountability
That is the core governance gap.
Practical consequence
A person concerned about smart meters may be pushed from:
• EA for metering rules,
• MBIE for policy and standards,
• Privacy Commissioner for personal information,
• Health agencies for EMF and public health,
while no one agency appears to hold an integrated risk assessment covering the whole problem. Your EA response is useful precisely because it documents one part of that fragmentation. 
One-line summary for reuse
The issue is not simply whether smart meters are lawful or accurate; it is whether New Zealand’s oversight model is too fragmented to assess the full privacy, data-governance, and health implications of networked metering infrastructure.
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence (note: this contains the same information already available above).
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SPENCER JONES left an annotation ()
Public Annotation for OIA Request: Implications of US MIND Act for Neural Data Privacy and Smart Infrastructure.
This OIA request seeks to understand how New Zealand’s Electricity Authority is addressing the privacy and health implications of emerging neurotechnologies, particularly in light of the US “Management of Individuals’ Neural Data Act of 2025” (MIND Act, S.2925), introduced on 24 September 2025. The MIND Act aims to regulate neural data collected via brain-computer interfaces, emphasizing consent, transparency, and security.
Given the growing integration of smart meters, 5G networks, and electricity infrastructure with advanced technologies, this request explores whether NZ is preparing for similar safeguards, especially concerning data privacy and electromagnetic field (EMF) exposures under standards like NZS 2772.1:1999.
The request asks for internal briefings, assessments, studies, advice papers, and international correspondence related to the MIND Act or neural data governance in the context of NZ’s electricity sector. It covers potential impacts on smart meter data security, consumer privacy, and health risks from neurotech integration with electricity infrastructure.
Why this matters: As neurotechnology advances globally, NZ’s smart infrastructure could intersect with devices collecting sensitive brain data. This raises questions about alignment with our Privacy Act 2020, the Electricity Industry Act 2010, and international standards. The public has a right to know how our regulators are navigating these challenges to protect privacy and health.
Call to action: I encourage anyone interested in neural data privacy, smart grids, or EMF regulations to follow this request for updates. If you have insights, related research, or suggestions for further inquiries, please share them in comments below or submit parallel requests to agencies like the Ministry of Health or Privacy Commissioner. Your engagement can help ensure transparency and accountability in this emerging field.
The Electricity Authority has acknowledged the request and committed to responding by 10 November 2025. I’ll post updates as they come—stay tuned!
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