California Says No to Brain Hacking

California's new SB 1223 law offers unprecedented control over your neural data, mandating companies to disclose how they collect such data and giving individuals the right to opt out of sharing it.

California Governor Gavin Newsom signed Senate Bill 1223 into law, marking a historic step in the protection of individuals' brain data. Sponsored by State Senator Josh Becker, this landmark bill amends the California Consumer Privacy Act (CCPA) to classify neural data as a new category of sensitive personal information.

As neurotechnology advances rapidly—from brain-computer interfaces to consumer EEG headbands—SB 1223 addresses the urgent need for safeguards to protect the vast amounts of neural data being collected. The law grants Californians greater control over their neural data, aiming to close gaps in privacy protections that have emerged alongside these cutting-edge technologies.

This ground breaking legislation sets a new standard in protecting brain information privacy as neurotechnology rapidly advances. It positions California at the forefront of safeguarding personal data in this emerging field, addressing growing concerns about how neural data is collected, stored, and used by corporations.

Key Provisions of SB 1223:

1.    Neural Data as Sensitive Information: The bill formally defines neural data as sensitive personal information, ensuring it is protected under the CCPA's stringent guidelines.

2.    Disclosure of Data Collection Practices: Companies collecting neural data must disclose their collection, storage, and sharing practices to consumers.

3.    Right to Opt-Out: Individuals now have the right to opt-out of sharing their neural data with third parties, providing a new level of control over this deeply personal information.

4.    Expanded Privacy Rights: SB 1223 enhances existing CCPA rights, allowing individuals to access, delete, or restrict the use of their neural data, similar to other categories of sensitive personal information.

Why SB 1223 Matters:

The rapid evolution of neurotechnology has outpaced traditional privacy frameworks, leaving neural data vulnerable to misuse. SB 1223 is a pioneering effort to safeguard the privacy of brain-related data, setting a new standard in the U.S. for protecting this intimate information from being exploited by corporations.

As a Californian, you are now empowered to take control of your neural data. Whether you use brain-computer interfaces or other neurotechnology products, SB 1223 provides you with the tools to protect your privacy. The law applies to companies that collect and process neural data, giving you the right to know how your brain data is used and the ability to restrict its access.

By setting a legal precedent in the U.S., SB 1223 not only enhances individual privacy but also prompts companies to adopt more transparent and ethical practices in handling neural data.