HB436 Alabama 2025 Session

Summary

Primary Sponsor

Ben RobbinsRepresentative

Republican

Session

2025 Regular Session

Title

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

Summary

HB436 would protect Alabama residents’ biological and neural data by requiring express consent for transfers, disclosures, or uses and restricting marketing based on that data, with penalties for violations.

What This Bill Does

Prohibits transferring or disclosing a consumer's biological or neural data to third parties without express consent before each transfer, disclosure, or use. Prohibits using the data for purposes other than what is necessary to provide the requested services or goods. Prohibits marketing to consumers based on their biological or neural data. Requires notification to the consumer before transfer, disclosure, or use outside those allowances and gives the consumer the option to limit or prevent such actions; enforcement is by the Attorney General's Consumer Interest Division with penalties up to $3,000 per violation; effective October 1, 2025.

Who It Affects

• Alabama residents (consumers): their biological and neural data would be protected; they would receive express consent requirements, notices before transfers/disclosures/uses, and rights to limit or prevent such actions and related marketing.
• Covered entities: individuals or businesses that maintain biological or neural data in the course of their operations; they would face prohibitions on certain transfers, disclosures, and uses without express consent, must provide notices, and could be subject to civil penalties and enforcement by the AG.

Key Provisions

• Defines biological data, neural data, consumer, covered entity, and express consent.
• Prohibits transferring or disclosing a consumer's biological or neural data to a third party without express consent before each action.
• Prohibits using the data for purposes other than what is necessary to fulfill the services or goods requested.
• Prohibits marketing to a consumer based on the consumer's biological or neural data.
• Requires notice to the consumer before transfer, disclosure, or use outside permitted purposes and provides the option to limit or prevent such actions.
• Enforcement by the Consumer Interest Division of the Alabama Attorney General's Office, with civil penalties up to $3,000 per violation; penalties may be waived if restitution or actual damages are paid; AG may receive attorney fees and costs in settlements.
• Effective date: October 1, 2025.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Consumer Protection