Upcoming California Consumer Privacy Act Amendments

On September 28, 2024, California Governor Gavin Newsom signed into law a pair of significant bills, S.B. 1223 and A.B. 1008, which amend the California Consumer Privacy Act of 2018 ("CCPA"). In tandem, the passage of these bills signals an evolving approach to California's safeguarding of personal information in the context of artificial intelligence and other emerging technologies.

S.B. 1223

Earlier this year, Colorado passed legislation to amend the Colorado Privacy Act, carving out neural data as a specific category of sensitive personal data for which the collection and processing thereof requires heightened protections and disclosure obligations. Consistent with Colorado's approach, S.B. 1223 expands the definition of "sensitive personal information" under the CCPA to expressly include California residents' neural data. "Neural data" is defined to mean "any information that is generated by measuring the activity of a consumer's central or peripheral