California passes bill expanding sensitive personal information to neural data
On September 28, 2024, California Governor Gavin Newsom signed a new law, SB-1223, aimed at protecting people's brain data and preventing it from being misused by technology companies.
Bill Text - SB-1223 Consumer privacy: sensitive personal information: neural data.
Proposed California Law to Protect Neurorights? | Senator Josh Becker
California Passes Law Protecting Consumer Brain Data - The New York Times
https://www.nytimes.com/2024/09/29/science/california-neurorights-tech-law.html
California Enacts Privacy Protections For Brain Wave Data
https://news.bloomberglaw.com/ip-law/california-enacts-privacy-protections-for-brain-wave-data
In recent years, advances in technology have seen the release of many consumer products, such as smartphone apps aimed at improving concentration and treating mental health disorders, including depression. These products can monitor and record brain data that reflects the user's thoughts, emotions, and other aspects of their minds. Major companies, such as Elon Musk's brain implant company Neuralink and Meta 's acquisition of CTRL-Labs , are also working on developing products that utilize brain data.
However, these products pose the risk of misusing personal brain information, and there has been no regulation of them to date. Senator Josh Becker has introduced a bill, SB-1223 , to the California Senate, which aims to classify 'neural data' as 'sensitive information' under the California Consumer Privacy Act (CCPA).
Under SB-1223, 'neural data' includes 'information generated by measuring the activity of an individual's central or peripheral nervous system that can be processed by or with the aid of neurotechnology.' Specifically, this refers to data related to brain activity collected by wearable devices or brain implants. If the bill is passed, California residents will be able to require companies to disclose what data has been collected and, if necessary, delete the data.
The CCPA already protects likeness rights and biometric information like DNA and fingerprints, and passage of SB-1223 would similarly protect neural data.
SB-1223 was then voted on and passed unanimously in the California Assembly and Senate, and was signed by Governor Newsom on September 28, 2024.
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'I am very excited about the passage of SB-1223. It is important that we proactively think about protecting the privacy of this very important dataset of human data. The importance of protecting the neural data of California residents cannot be underestimated,' Becker said.
On the other hand, TechNet , a lobbying group representing companies that handle neural data, has expressed opposition to SB-1223, stating that 'SB-1223 would regulate almost any technology that records human behavior. ' According to the foreign media The New York Times, SB-1223 does not apply to information derived from non-neural data of the human body, such as human heart rate or blood pressure.
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