Bill > HB436

This bill introduces comprehensive protections for consumers' biological and neural data in Alabama, defining key terms such as "biological data" (information generated from technological processing or analysis of an individual's biological or physiological properties), "neural data" (information from nervous system activity), and "express consent" (clear, written permission). The bill prohibits covered entities (businesses that handle such data) from transferring, disclosing, or using a consumer's biological or neural data without first obtaining explicit, written consent from the individual. Specific restrictions include preventing data transfers to third parties, prohibiting disclosure for unrelated purposes, limiting data use beyond the expected service, and banning marketing based on biological or neural data. If a covered entity wants to use data for purposes beyond the initial agreement, they must notify the consumer and provide an opportunity to limit or prevent such use. The Attorney General's Consumer Interest Division is authorized to enforce these protections through civil actions, with potential penalties of up to $3,000 per violation. Penalties may be waived if the entity provides full restitution or pays actual damages to injured consumers. The bill will take effect on October 1, 2025, providing a clear timeline for businesses to adapt to these new data protection requirements.