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