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Bill

SB 44

Brain-computer interfaces: neural data.

2025-2026 Regular Session Introduced by Tom Umberg

California SB 44 regulates collection, use, and protection of neural data from brain-computer interfaces to establish consumer privacy safeguards for emerging BCI technology.

May 23 hearing: Held in committee and under submission.
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Bill Summary · SB 44

Legislative bill overview

SB 44 establishes regulatory frameworks and consumer protections for brain-computer interface (BCI) technology and neural data collection in California. The bill addresses how neural data—information derived directly from brain activity—can be collected, used, stored, and protected as companies develop and deploy BCI devices.

Why is this important

As BCI technology advances from experimental to commercial use, neural data presents unprecedented privacy and security concerns since it reveals direct brain activity and potentially intimate thoughts or medical conditions. California's legislation could set a national precedent for protecting consumers while allowing innovation in an emerging technology sector with significant medical and commercial potential.

Potential points of contention

  • Data ownership and control: Whether individuals retain absolute ownership of their neural data and can withdraw consent retroactively, versus allowing limited research use agreements
  • Commercial vs. medical use distinction: How strictly to regulate consumer BCIs (gaming, productivity) compared to therapeutic devices, which may have different risk profiles
  • Enforcement and liability: Who bears responsibility for unauthorized neural data access or breaches, and whether liability caps adequately protect consumers against emerging, unpredictable harms

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

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