California Protects Neural Data

Nelson Mullins Riley & Scarborough LLP

California Governor Gavin Newsom approved an amendment to the California Consumer Privacy Act (CCPA) extending privacy rights to a person’s neural data. Neural data is defined as information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is not inferred from nonneural information. 

The amendment adds neural data to the list of sensitive data elements California defines as sensitive personal information, including but not limited to Social Security number, financial account information, geolocation data, and biological data. The call out of neural data separate from biometric data showcases the attention California, as well as other states, are paying to new and developing technologies in the neurotech space. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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