HB436 Summary

• Prohibits covered entities from transferring, disclosing, or using a consumer's biological data or neural data without express written or electronic consent obtained before each specific action.

• Prevents covered entities from using biological or neural data for purposes other than those necessary to perform requested services or goods, and prohibits marketing based on such data.

• Requires covered entities to notify consumers before transferring, disclosing, or using biological or neural data for purposes beyond service fulfillment, and give consumers the ability to limit or prevent such uses.

• Authorizes the Consumer Interest Division of the Office of the Attorney General to enforce the act and impose civil penalties of up to $3,000 per violation, with penalties waivable if full restitution is made.

• Becomes effective October 1, 2025.