Brain-computer interfaces: neural data.

Plain English Breakdown

The official source material does not provide details on enforcement mechanisms or penalties for non-compliance.

Brain-Computer Interfaces: Neural Data

This law requires companies offering brain-computer interfaces to use and delete neural data only for the purpose it was originally collected.

What This Bill Does

• Defines a 'brain-computer interface' as a system that allows direct communication and control between a person's brain and an external device.
• Requires businesses offering such interfaces in California to limit their use of collected neural data to its original intended purpose.
• Requires these businesses to delete neural data once the purpose for which it was collected is completed.

Who It Names or Affects

• Companies that offer brain-computer interfaces in California
• People who use brain-computer interfaces in California

Terms To Know

Brain-Computer Interface (BCI)

A system that allows direct communication and control between a person’s brain and an external device.

Neural Data

Information about the human brain collected through technology like brain-computer interfaces.

Limits and Unknowns

• The bill does not specify what happens if a company fails to follow these rules.
• It is unclear how this law will be enforced or what penalties might apply for violations.

Official Summary Text

SB 44, as amended, Umberg.
Brain-computer interfaces: neural data.
The Confidentiality of Medical Information Act governs the disclosure of medical information by an employer, a provider of health care, a health care service plan, or a contractor, as those terms are defined. The California Consumer Privacy Act of 2018 (CCPA) authorizes a consumer to direct a business, as defined, that collects sensitive personal information about the consumer to limit its use of the consumer’s sensitive personal information, as specified, and defines “sensitive personal information” to include personal information that reveals a consumer’s neural data. The CCPA also authorizes a consumer to request that a business delete any personal information about the consumer which the business has collected from the consumer, as prescribed. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election,
amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA.
This bill would require, under the CCPA, a covered business to use neural data only for the purpose for which the neural data was collected and would require a covered business to delete neural data when the purpose for which the neural data was collected is accomplished. The bill would define “covered business” to mean a person who makes available a brain-computer interface to a person in this state and would define “brain-computer interface” to mean a system that allows direct communication and control between a person’s brain and an external device.
This bill would declare that its provisions further the purposes and intent of the California
Privacy Rights Act of 2020.

Current Bill Text

Download Bill PDF