House Bill 263 Alabama 2026 Session

Summary

Primary Sponsor

Ben RobbinsRepresentative

Republican

Session

2026 Regular Session

Title

Biological and neural data of individuals; certain disclosures, transfers, and use by a health and fitness app prohibited without express consent, Attorney General authorized to enforce, civil penalties provided

Summary

HB263 would require express, pre-transfer consent for Alabama residents' biological or neural data held by covered entities and establish penalties for violations.

What This Bill Does

It prohibits transferring, disclosing, or using a consumer's biological or neural data without express consent given before each transfer. It also bars marketing based on such data. It requires entities to notify consumers before any transfer, disclosure, or use and to allow limits or preventions. The Attorney General's Consumer Interest Division can enforce the act and impose civil penalties up to $3,000 per violation; the act becomes effective October 1, 2026.

Who It Affects

• Alabama residents (consumers) whose biological or neural data is collected, stored, or used by covered entities; they would need express consent before transfers or uses and would receive notices with options to limit or prevent.
• Covered entities (businesses or individuals who maintain or license biological or neural data) would be required to obtain express consent before any transfer, disclosure, or use; must provide notices and allow consumers to limit or prevent action; noncompliance could lead to civil penalties.

Key Provisions

• Defines key terms: Biological data, Neural data, Covered entity, Express consent, and Consumer.
• Prohibits transferring, disclosing, or using biological or neural data without express consent before each action.
• Prohibits marketing to consumers based on biological or neural data.
• Requires notice to the consumer prior to transfer/disclosure/use and an opportunity to limit or prevent.
• Enforcement by the Consumer Interest Division of the Attorney General; civil penalties up to $3,000 per violation; penalties and costs may be waived for restitution or actual damages.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 18, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Consumer Protection