The first-in-the-nation law in Colorado includes biological or brain data in the State Privacy Act, similar to fingerprints if the data is being used to identify people.
I believe it should work with some kind of brain waves(telepathy?), apparently some kind of device you put in your head and it read information from your brain, the spooky question would be if there is a way to make a device like that to be able to read information from someone's brain remotely. IDK this looks like a bad idea but anyway it's already here, according to the information I believe there will be more places where law get updated about it.
Edit: maybe it could be used for interrogation also, I mean you could know if someone it's saying the truth or not by reading their brain.
Reading thoughts remotely is a no-go, you need very precise measurements of the brain's electrical activity and that just can't be done with distant sensors.
Maybe there are people who have more powerful brain waves or something.. like some kind of abnormality who can make they more likely to be remote targets..
Brains transmit/change state (a.k.a. think) using electricity. It's basically a flesh computer. You can't read thoughts without being able to measure the brain's electrical/chemical activity. If you had any theoretically possible mind-reading (and by extension mind-controlling) technology, it would still need to physically connect to your neurons or something...
That being said, I don't imagine it'd be too hard for sci-fi future folk to stick a chip in every newborn's brain from the get-go. But that's a future too far from now, we'll all be dead by then probably.
Kinda like how they threw that lady in jail in India based on brain scans. It wasn't remotely done, but that didn't matter.
Also, Davos 2016 had a discussion on all the "social justice" applications they could use brain scan technology on. Nevermind stuff like roughly reconstructing the movie you just watched. And, by now, they've had plenty of time to come up with more fun ways to apply this technology.