The advent of Brain-Computer Interface (BCI) technology has facilitated the realization of human-computer interaction scenarios depicted in science fiction films. Besides driving productivity gains and economic development, the emergence of such emerging technologies also triggers new legal issues. Research on the use and protection of BCI data can help provide clear guidance for the reasonable utilization of data in the BCI industry. The data collected by BCI devices originate from users" brain information, which encompasses sensitive personal information and privacy. In the process of using BCI data, it is crucial to delineate usage boundaries to safeguard the personal information rights and privacy rights of data providers and prevent data security incidents. By analyzing the regulations on the collection, use, and protection of BCI data under the current legal frameworks in China, some issues can be identified. For example, as the pre-mechanism for collecting BCI data, the informed consent mechanism cannot play its due role. And the use of brain computer interface data is not standardized. To balance the conflicting interests between the development of the BCI industry and data protection, it is necessary to establish a dynamic informed consent mechanism for BCI data collection, reasonably define restrictive usage boundaries for BCI data, and ensure the security of BCI data processing activities through external oversight mechanisms.