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| 1 | + | Amended IN Senate March 24, 2025 Amended IN Senate March 05, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 44Introduced by Senator UmbergDecember 05, 2024 An act to add Chapter 22.6 (commencing with Section 22605) to Division 8 of the Business and Professions Code, Section 1798.122 to the Civil Code, relating to personal information.LEGISLATIVE COUNSEL'S DIGESTSB 44, as amended, Umberg. Brain-computer interfaces: neural data.Existing law, theThe Confidentiality of Medical Information Act, 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. Existing law, the The California Consumer Privacy Act of 2018, 2018 (CCPA) authorizes a consumer to direct a business business, as defined, that collects sensitive personal information about the consumer to limit its use of the consumers sensitive personal information, as specified, and defines sensitive personal information to include personal information that reveals a consumers 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 require, under the CCPA, a covered provider business to use neural data only for the purpose for which the neural data was collected and would require a covered provider business to delete neural data when the purpose for which the neural data was collected is accomplished. The bill would define covered provider 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 persons brain and an external device.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.122 is added to the Civil Code, to read:1798.122. (a) As used in this section:(1) Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device.(2) Covered business means a person who makes available a brain-computer interface to a person in this state.(b) A covered business shall use neural data collected through a brain-computer interface only for the purpose for which the neural data was collected.(c) A covered business shall delete neural data collected through a brain-computer interface when the purpose for which the neural data was collected is accomplished.SECTION 1.Chapter 22.6 (commencing with Section 22605) is added to Division 8 of the Business and Professions Code, to read:22.6.Brain-Computer Interfaces22605.As used in this chapter:(a)Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device.(b)Covered provider means a person who makes available a brain-computer interface to a person in this state.(c)Neural data means information about a person collected by a brain-computer interface.22606.(a)A covered provider shall use neural data only for the purpose for which the neural data was collected.(b)A covered provider shall delete neural data when the purpose for which the neural data was collected is accomplished. | |
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| 3 | + | Amended IN Senate March 24, 2025 Amended IN Senate March 05, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 44Introduced by Senator UmbergDecember 05, 2024 An act to add Chapter 22.6 (commencing with Section 22605) to Division 8 of the Business and Professions Code, Section 1798.122 to the Civil Code, relating to personal information.LEGISLATIVE COUNSEL'S DIGESTSB 44, as amended, Umberg. Brain-computer interfaces: neural data.Existing law, theThe Confidentiality of Medical Information Act, 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. Existing law, the The California Consumer Privacy Act of 2018, 2018 (CCPA) authorizes a consumer to direct a business business, as defined, that collects sensitive personal information about the consumer to limit its use of the consumers sensitive personal information, as specified, and defines sensitive personal information to include personal information that reveals a consumers 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 require, under the CCPA, a covered provider business to use neural data only for the purpose for which the neural data was collected and would require a covered provider business to delete neural data when the purpose for which the neural data was collected is accomplished. The bill would define covered provider 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 persons brain and an external device.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 24, 2025 Amended IN Senate March 05, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 08, 2025 | |
| 8 | 7 | Amended IN Senate March 24, 2025 | |
| 9 | 8 | Amended IN Senate March 05, 2025 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Senate Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 44 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Senator UmbergDecember 05, 2024 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Senator Umberg | |
| 20 | 19 | December 05, 2024 | |
| 21 | 20 | ||
| 22 | - | An act to add Section 1798.122 to the Civil Code, relating to personal information. | |
| 21 | + | An act to add Chapter 22.6 (commencing with Section 22605) to Division 8 of the Business and Professions Code, Section 1798.122 to the Civil Code, relating to personal information. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | SB 44, as amended, Umberg. Brain-computer interfaces: neural data. | |
| 29 | 28 | ||
| 30 | - | ||
| 29 | + | Existing law, theThe Confidentiality of Medical Information Act, 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. Existing law, the The California Consumer Privacy Act of 2018, 2018 (CCPA) authorizes a consumer to direct a business business, as defined, that collects sensitive personal information about the consumer to limit its use of the consumers sensitive personal information, as specified, and defines sensitive personal information to include personal information that reveals a consumers 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 require, under the CCPA, a covered provider business to use neural data only for the purpose for which the neural data was collected and would require a covered provider business to delete neural data when the purpose for which the neural data was collected is accomplished. The bill would define covered provider 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 persons brain and an external device. | |
| 31 | 30 | ||
| 32 | - | ||
| 31 | + | Existing law, the | |
| 33 | 32 | ||
| 34 | - | 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 persons brain and an external device. | |
| 35 | 33 | ||
| 36 | - | This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020. | |
| 34 | + | ||
| 35 | + | The Confidentiality of Medical Information Act, 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. Existing law, the The California Consumer Privacy Act of 2018, 2018 (CCPA) authorizes a consumer to direct a business business, as defined, that collects sensitive personal information about the consumer to limit its use of the consumers sensitive personal information, as specified, and defines sensitive personal information to include personal information that reveals a consumers 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. | |
| 36 | + | ||
| 37 | + | This bill would require require, under the CCPA, a covered provider business to use neural data only for the purpose for which the neural data was collected and would require a covered provider business to delete neural data when the purpose for which the neural data was collected is accomplished. The bill would define covered provider 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 persons brain and an external device. | |
| 37 | 38 | ||
| 38 | 39 | ## Digest Key | |
| 39 | 40 | ||
| 40 | 41 | ## Bill Text | |
| 41 | 42 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section 1798.122 is added to the Civil Code, to read:1798.122. (a) As used in this section:(1) Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device.(2) Covered business means a person who makes available a brain-computer interface to a person in this state.(b) A covered business shall use neural data collected through a brain-computer interface only for the purpose for which the neural data was collected.(c) A covered business shall delete neural data collected through a brain-computer interface when the purpose for which the neural data was collected is accomplished. | |
| 43 | + | The people of the State of California do enact as follows:SECTION 1. Section 1798.122 is added to the Civil Code, to read:1798.122. (a) As used in this section:(1) Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device.(2) Covered business means a person who makes available a brain-computer interface to a person in this state.(b) A covered business shall use neural data collected through a brain-computer interface only for the purpose for which the neural data was collected.(c) A covered business shall delete neural data collected through a brain-computer interface when the purpose for which the neural data was collected is accomplished.SECTION 1.Chapter 22.6 (commencing with Section 22605) is added to Division 8 of the Business and Professions Code, to read:22.6.Brain-Computer Interfaces22605.As used in this chapter:(a)Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device.(b)Covered provider means a person who makes available a brain-computer interface to a person in this state.(c)Neural data means information about a person collected by a brain-computer interface.22606.(a)A covered provider shall use neural data only for the purpose for which the neural data was collected.(b)A covered provider shall delete neural data when the purpose for which the neural data was collected is accomplished. | |
| 43 | 44 | ||
| 44 | 45 | The people of the State of California do enact as follows: | |
| 45 | 46 | ||
| 46 | 47 | ## The people of the State of California do enact as follows: | |
| 47 | 48 | ||
| 48 | 49 | SECTION 1. Section 1798.122 is added to the Civil Code, to read:1798.122. (a) As used in this section:(1) Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device.(2) Covered business means a person who makes available a brain-computer interface to a person in this state.(b) A covered business shall use neural data collected through a brain-computer interface only for the purpose for which the neural data was collected.(c) A covered business shall delete neural data collected through a brain-computer interface when the purpose for which the neural data was collected is accomplished. | |
| 49 | 50 | ||
| 50 | 51 | SECTION 1. Section 1798.122 is added to the Civil Code, to read: | |
| 51 | 52 | ||
| 52 | 53 | ### SECTION 1. | |
| 53 | 54 | ||
| 54 | 55 | 1798.122. (a) As used in this section:(1) Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device.(2) Covered business means a person who makes available a brain-computer interface to a person in this state.(b) A covered business shall use neural data collected through a brain-computer interface only for the purpose for which the neural data was collected.(c) A covered business shall delete neural data collected through a brain-computer interface when the purpose for which the neural data was collected is accomplished. | |
| 55 | 56 | ||
| 56 | 57 | 1798.122. (a) As used in this section:(1) Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device.(2) Covered business means a person who makes available a brain-computer interface to a person in this state.(b) A covered business shall use neural data collected through a brain-computer interface only for the purpose for which the neural data was collected.(c) A covered business shall delete neural data collected through a brain-computer interface when the purpose for which the neural data was collected is accomplished. | |
| 57 | 58 | ||
| 58 | 59 | 1798.122. (a) As used in this section:(1) Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device.(2) Covered business means a person who makes available a brain-computer interface to a person in this state.(b) A covered business shall use neural data collected through a brain-computer interface only for the purpose for which the neural data was collected.(c) A covered business shall delete neural data collected through a brain-computer interface when the purpose for which the neural data was collected is accomplished. | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | 62 | ||
| 62 | 63 | 1798.122. (a) As used in this section: | |
| 63 | 64 | ||
| 64 | 65 | (1) Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device. | |
| 65 | 66 | ||
| 66 | 67 | (2) Covered business means a person who makes available a brain-computer interface to a person in this state. | |
| 67 | 68 | ||
| 68 | 69 | (b) A covered business shall use neural data collected through a brain-computer interface only for the purpose for which the neural data was collected. | |
| 69 | 70 | ||
| 70 | 71 | (c) A covered business shall delete neural data collected through a brain-computer interface when the purpose for which the neural data was collected is accomplished. | |
| 71 | 72 | ||
| 72 | - | SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020. | |
| 73 | 73 | ||
| 74 | - | SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020. | |
| 75 | 74 | ||
| 76 | - | SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020. | |
| 77 | 75 | ||
| 78 | - | ### SEC. 2. | |
| 76 | + | ||
| 77 | + | ||
| 78 | + | ||
| 79 | + | As used in this chapter: | |
| 80 | + | ||
| 81 | + | ||
| 82 | + | ||
| 83 | + | (a)Brain-computer interface means a system that allows direct communication and control between a persons brain and an external device. | |
| 84 | + | ||
| 85 | + | ||
| 86 | + | ||
| 87 | + | (b)Covered provider means a person who makes available a brain-computer interface to a person in this state. | |
| 88 | + | ||
| 89 | + | ||
| 90 | + | ||
| 91 | + | (c)Neural data means information about a person collected by a brain-computer interface. | |
| 92 | + | ||
| 93 | + | ||
| 94 | + | ||
| 95 | + | ||
| 96 | + | ||
| 97 | + | (a)A covered provider shall use neural data only for the purpose for which the neural data was collected. | |
| 98 | + | ||
| 99 | + | ||
| 100 | + | ||
| 101 | + | (b)A covered provider shall delete neural data when the purpose for which the neural data was collected is accomplished. |