Extract from Isha Marathe’s article “California Becomes 2nd State to Give Brain Waves Data Privacy Protections, With Mixed Reaction”
On Monday, California Gov. Gavin Newsom signed into law SB 1223, amending the California Consumer Privacy Act (CCPA) to include neural data as personal sensitive information.
The provision, authored by California State Sen. Josh Becker, comes into effect immediately as a part of the CCPA.
The law marks the second such legal protection for data produced from invasive neurotechnology, following Colorado, which incorporated neural data into its state data privacy statute, the Colorado Privacy Act (CPA) in April.
Neurotechnology tools can measure and visualize brain activity, and in some cases, alter it as well. A report released by the nonprofit Neurorights Foundation earlier this year found 30 consumer-grade tools currently on the market that collect neural data.
The CCPA applies to for-profit businesses with an annual gross income of 25 million or more, if the business buys, sells, or shares the personal information of at least 100,000 California residents or households, and if the business derives at least 50% of its annual revenue from selling or sharing California residents’ personal information.
