California Extends Privacy Law To Cover Neural Data

On September 29, 2024, California took a significant step forward in data privacy protection by passing a law that extends theCalifornia Consumer Privacy Act (CCPA) to cover neural data—brain activity and related information collected by neurotechnology. As large companies and startups alike increasingly invest in consumer neurotech products, from apps that track mental health to devices that record brainwaves, the potential for misuse of neural data has raised alarms.

What the Law Does

The new legislation, SB 1223, classifies neural data as "sensitive personal information," bringing it under the same level of protection afforded to biometric and genetic data. As a result, California residents now have the right to request, delete, correct, and limit the collection of their brain data. The law mirrors similar protections enacted in Colorado earlier this year, reflecting the growing awareness of the need for privacy protections in the neurotech industry.