SB 1223: Consumer privacy: sensitive personal information: neural data.

The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to direct a business that collects sensitive personal information about the consumer to limit its use of the consumers sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to perform certain other services, and as authorized by certain regulations. The CCPA defines sensitive personal information to mean, among other things, the processing of biometric information, as defined, for the purpose of uniquely identifying a consumer. 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.

This bill would define sensitive personal information, for purposes of the CCPA, to additionally include a consumers neural data, and would define neural data to mean information that is generated by measuring the activity of a consumers central or peripheral nervous system, and that is not inferred from nonneural information.

The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.

This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.

This bill would incorporate additional changes to Section 1798.140 of the Civil Code proposed by AB 1008 to be operative only if this bill and AB 1008 are enacted and this bill is enacted last.