California expands privacy protections to include neural data with new legislation

California Expands Privacy Protections to Include Neural Data with New Legislation

In a significant update to the California Consumer Privacy Act (CCPA), two new bills, Senate Bill 1223 (SB 1223) and Assembly Bill 1008 (AB 1008), have been enacted to expand and clarify the definitions and protections surrounding personal and sensitive data. These legislative amendments aim to address the evolving concerns related to data privacy and technology advancements, such as neural data and artificial intelligence.

Neural Data Now Under CCPA Scrutiny

SB 1223 is a landmark development in privacy legislation, specifically targeting the inclusion of neural data within the scope of sensitive personal information covered by the CCPA. Neural data, as defined by the bill, refers to the data generated from measuring the activity of a person’s central or peripheral nervous system, excluding any information derived from non-neural sources.

This legislative move is a response to increasing awareness and concern over the ethical and privacy implications of emerging neurotechnology, positioning California alongside recent measures taken by Colorado with their passage of House Bill 24-1058, designed to bolster protections surrounding neural data. Under SB 1223, businesses collecting this type of data are mandated to clearly disclose their data handling practices within their privacy policies and ensure consumers can exercise their rights to limit the usage of such data.

Clarification on Personal and Biometric Information

Meanwhile, AB 1008 addresses key definitional aspects of the CCPA concerning personal information and biometric data. This bill makes explicit that personal information is not limited to traditional formats and includes outputs from artificial intelligence systems. This clarification is crucial as AI systems increasingly process and generate potential personal information, raising novel privacy issues.

Additionally, AB 1008 stipulates that biometric information—if collected without the consumer’s consent—can never be considered “publicly available.” This determination prevents businesses from exempting such data from the personal information category under false pretences, thereby ensuring stricter protections for personal identifiers obtained biometrically, unbeknownst to the individual.

Implications for Businesses and Consumers

These legislative changes are poised to significantly impact how businesses manage and disclose data collection practices, particularly those employing advanced technologies that interface with human-centric data. Companies will need to review and potentially revise their privacy policies to comply with the new requirements, ensuring transparency and consumer rights are upheld.

For consumers, the expanded definitions and protections reinforce their control over personal and sensitive data, especially as technological capabilities continue to advance rapidly. By establishing clearer boundaries and obligations, these bills aim to maintain a balance between innovation and privacy protection.

These updates demonstrate California’s proactive stance in updating privacy laws to reflect the dynamic nature of technology and data protection needs. As neural and AI technologies advance, lawmakers are increasingly tasked with addressing the implications of these innovations on privacy and personal data management.

Source: Noah Wire Services