Biological and neural data of individuals; certain disclosures, transfers, and use by a health and fitness app prohibited without express consent, Attorney General authorized to enforce, civil penalties provided
What changed between versions
The definition of 'covered entity' was changed from any entity maintaining biological data to specifically the owner or operator of a health and fitness application.
New definitions were added for 'Third Party' and 'Processor' to clarify who is excluded from the law's restrictions.
The definition of 'Biological Data' was slightly altered to remove the phrase 'intended to be used for identification purposes' regarding bodily functions.
The definition of 'Neural Data' was narrowed to specifically refer to the central nervous system, removing the mention of the peripheral nervous system.
The provision allowing consumers to report violations directly to the Attorney General and the automatic right to seek civil penalties was removed.
Enforcement was changed to require the Attorney General to issue a 45-day notice of violation before taking legal action, removing the immediate right to sue for penalties.
New exemptions were added, excluding law enforcement activities, court orders, and compliant genetic testing companies from the bill's restrictions.