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2024-09-28 00:00 United States Policy & Regulation Data Privacy Translated from EN

California Adds Neural Data to CCPA

Summary California's SB 1223, enacted in 2024, amended the CCPA to classify neural data as sensitive personal information alongside genetic and biometric data.
Why it matters With the world's largest consumer-tech market elevating neural data to sensitive status, compliance obligations for consumer BCI makers became real; together with Colorado's law it forms the twin pillars of US state-level neural data regulation

Senate Bill 1223, Consumer privacy: sensitive personal information: neural data, authored by Senator Becker and passed by the California State Legislature, was approved by the Governor on September 28, 2024. The act amends Section 1798.140 of the California Consumer Privacy Act (CCPA) to add neural data to the definition of sensitive personal information, alongside categories such as genetic data and biometric information.

The act defines neural data as information that is generated by measuring the activity of a consumer's central or peripheral nervous system, and that is not inferred from nonneural information. California is the largest consumer market to date to classify neural data as sensitive personal information under a general privacy law.

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