In response, Colorado recently passed a first-in-the-nation privacy act aimed at protecting these rights. The act falls under the existing "Colorado Consumer Protection Act," which aims to protect "the privacy of individuals' personal data by establishing certain requirements for entities that process personal data [and] includes additional protections for sensitive data."

The key language in the Colorado act is the expansion of the term "sensitive data" to include "biological data" — inclusive of numerous biological, genetic, biochemical, physiological, and neural properties.