Amended IN Senate April 08, 2025 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 Section 1798.122 to the Civil Code, relating to personal information.LEGISLATIVE COUNSEL'S DIGESTSB 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 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, 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.This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
Amended IN Senate April 08, 2025 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 Section 1798.122 to the Civil Code, relating to personal information.LEGISLATIVE COUNSEL'S DIGESTSB 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 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, 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.This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 08, 2025 Amended IN Senate March 24, 2025 Amended IN Senate March 05, 2025
Amended IN Senate April 08, 2025
Amended IN Senate March 24, 2025
Amended IN Senate March 05, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 44
Introduced by Senator UmbergDecember 05, 2024
Introduced by Senator Umberg
December 05, 2024
An act to add Section 1798.122 to the Civil Code, relating to personal information.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
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 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, 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.This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
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 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, 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.
This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
## Digest Key
## Bill Text
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.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
The people of the State of California do enact as follows:
## 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. Section 1798.122 is added to the Civil Code, to read:
### SECTION 1.
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.
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.
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.
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.
SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
### SEC. 2.