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HB 436

Biological and neural data; certain disclosures, transfers, and use by a covered entity prohibited unless consumer provides express consent, Attorney General authorized to enforce, civil penalties provided

2025 Regular Session Introduced by Ben Robbins

HB 436 mandates explicit consumer consent for biological and neural data collection/use, authorizes Attorney General enforcement with civil penalties for violations.

Read for the first time and referred to the House Committee on Insurance
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Bill Summary · HB 436

Legislative bill overview

HB 436 requires companies and organizations ("covered entities") to obtain explicit consumer consent before collecting, sharing, or using biological and neural data. The bill empowers Alabama's Attorney General to enforce these requirements and impose civil penalties on violators.

Why is this important

As technology advances, companies increasingly collect sensitive biological data (DNA, health records, biometric information) and neural data (brain activity measurements, cognitive patterns). This bill addresses growing privacy concerns by giving consumers control over deeply personal information that could be used for discrimination, manipulation, or unauthorized purposes.

Potential points of contention

  • Definition ambiguity: "Biological and neural data" is broadly defined, which could create uncertainty about what requires consent and burden compliance for legitimate medical and research organizations
  • Business impact: Requirements for express consent (rather than opt-out) could complicate operations for healthcare providers, research institutions, and technology companies, potentially increasing costs
  • Enforcement scope: Unclear how the bill applies to out-of-state entities or federal regulations, potentially creating conflicts with existing privacy frameworks and regulatory authority

Compiled from official sources — confirm details with the bill’s official record.

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