SB 44: Brain-computer interfaces: neural data. - California

03/24/25 - Amended Senate → 04/08/25 - Amended Senate · 4 edits · Apr 8, 2025

MODERATE

SB 44 was streamlined by removing an entire parallel chapter from the Business and Professions Code, consolidating all brain-computer interface neural data protections into a single new section under the existing California Consumer Privacy Act (CCPA). The terminology was also standardized from 'covered provider' to 'covered business,' and a new legislative findings section was added to explicitly tie the bill to the California Privacy Rights Act of 2020. This simplification means enforcement will flow through the existing CCPA/CPRA framework rather than creating a separate regulatory structure.

Scope change

The bill's scope narrowed from creating dual regulatory frameworks (one in the Business and Professions Code and one in the Civil Code) to a single provision embedded within the existing CCPA. This means neural data protections for brain-computer interfaces will be enforced through the California Privacy Protection Agency under the CCPA/CPRA rather than through a separate statutory chapter with its own enforcement path.

SCOPE

Removed an entirely new Chapter 22.6 (Sections 22605-22606) from Division 8 of the Business and Professions Code that had created a standalone brain-computer interface regulatory framework with its own definitions for 'brain-computer interface,' 'covered provider,' and 'neural data.'

Added a new Section 2 containing a legislative finding and declaration that the act furthers the purposes and intent of the California Privacy Rights Act of 2020, explicitly connecting the bill to the CPRA framework.

DEFINITION

Replaced the term 'covered provider' with 'covered business' throughout, aligning the terminology with existing CCPA language. The bill now relies on the CCPA's existing definition of 'neural data' as part of sensitive personal information rather than creating a separate definition.

FISCAL

Fiscal committee review changed from 'no' to 'yes,' indicating the bill now requires a fiscal analysis for state-mandated local program costs.

03/05/25 - Amended Senate → 03/24/25 - Amended Senate · 4 edits · Mar 24, 2025

MODERATE

The March 24 amendment removed the fish stocking document provision entirely, making SB 44 solely about brain-computer interface neural data. It also added a new Civil Code section (1798.122) that integrates neural data protections into the existing California Consumer Privacy Act framework, using 'covered business' terminology to align with CCPA definitions and enforcement mechanisms.

SCOPE

The entire amendment to Section 6404 of the Fish and Game Code (Annual Provisional Stocking Document) was removed from the bill, eliminating one of the two original topics.

REQUIREMENT

A new Civil Code section 1798.122 was added that requires a 'covered business' (a person who makes available a brain-computer interface to a person in this state) to use neural data only for the purpose it was collected and to delete it when that purpose is accomplished, placing these obligations under the CCPA framework.

DEFINITION

The new Civil Code section uses 'covered business' instead of 'covered provider,' aligning with existing CCPA terminology. The Business and Professions Code chapter (22605-22606) remains unchanged but now operates alongside the new Civil Code provision.

ENFORCEMENT

The fiscal committee requirement changed from 'no' to 'yes,' indicating the bill now requires fiscal impact review, likely because tying provisions into the CCPA framework has budgetary implications for enforcement by the California Privacy Protection Agency.

12/05/24 - Introduced → 03/05/25 - Amended Senate · 4 edits · Mar 5, 2025

MODERATE

The amended version of SB 44 adds an entirely new chapter (Chapter 22.6) to the Business and Professions Code establishing rules for brain-computer interfaces and neural data privacy, while retaining the original fish stocking document provisions. The new chapter requires covered providers to use neural data only for its originally collected purpose and to delete it once that purpose is accomplished. A minor correction also removes a duplicated word in the fish stocking disclaimer.

Scope change

The bill's scope expanded significantly from addressing only fish stocking document transparency to also establishing a new regulatory framework for brain-computer interface providers regarding collection, use, and deletion of neural data.

SCOPE

Adds Chapter 22.6 (Brain-Computer Interfaces) to Division 8 of the Business and Professions Code, expanding the bill from a single-topic fish stocking measure to one that also regulates neural data collected via brain-computer interfaces.

DEFINITION

Defines three new terms: 'brain-computer interface' (a system allowing direct communication and control between a person's brain and an external device), 'covered provider' (a person who makes available a brain-computer interface to a person in California), and 'neural data' (information about a person collected by a brain-computer interface).

REQUIREMENT

Requires covered providers to use neural data only for the purpose for which it was collected, and to delete neural data once that purpose is accomplished.

TECHNICAL

Removes a duplicated word in the fish stocking disclaimer: the original listed 'weather, disease, disease, weather, staffing, and funding' as unforeseen conditions; the amended version corrects this to 'disease, weather, staffing, and funding.'

04/08/25 - Amended Senate → SB44 · 1 edit

MINOR

No substantive policy changes were made between these two versions. The bill text, definitions, and requirements are identical. The differences are entirely in document formatting: the first version uses a traditional legislative layout with line numbers and page headers, while the second version is a reformatted web-based presentation of the same content.

TECHNICAL

The document was reformatted from a traditional legislative print layout (with line numbers, page footers, and column formatting) to a web-based presentation format. No changes to the actual bill language, definitions, or requirements were made.

Brain-computer interfaces: neural data.

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