data protection

Regulating The Untapped Trove Of Brain Data

Written by Stephen Rainey and Christoph Bublitz

Increasing use of brain data, either from research contexts, medical device use, or in the growing consumer brain-tech sector raises privacy concerns. Some already call for international regulation, especially as consumer neurotech is about to enter the market more widely. In this post, we wish to look at the regulation of brain data under the GDPR and suggest a modified understanding to provide better protection of such data.

In medicine, the use of brain-reading devices is increasing, e.g. Brain-Computer-Interfaces that afford communication, control of neural or motor prostheses. But there is also a range of non-medical applications devices in development, for applications from gaming to the workplace.

Currently marketed ones, e.g. by Emotiv, Neurosky, are not yet widespread, which might be owing to a lack of apps or issues with ease of use, or perhaps just a lack of perceived need. However, various tech companies have announced their entrance to the field, and have invested significant sums. Kernel, a three year old multi-million dollar company based in Los Angeles, wants to ‘hack the human brain’. More recently, they are joined by Facebook, who want to develop a means of controlling devices directly with data derived from the brain (to be developed by their not-at-all-sinister sounding ‘Building 8’ group). Meanwhile, Elon Musk’s ‘Neuralink’ is a venture which aims to ‘merge the brain with AI’ by means of a ‘wizard hat for the brain’. Whatever that means, it’s likely to be based in recording and stimulating the brain.

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Cross Post: What If Banks Were the Main Protectors of Customers’ Private Data?

Written by Carissa Véliz

Dr Carissa Véliz, Oxford Uehiro Centre research fellow, has recently published a provocative article in the Harvard Business Review:

The ability to collect and exploit consumers’ personal data has long been a source of competitive advantage in the digital economy. It is their control and use of this data that has enabled the likes of Google, Amazon, Alibaba, and Facebook to dominate online markets.

But consumers are increasingly concerned about the vulnerability that comes with surrendering data. A growing number of cyberattacks — the 2017 hacking of credit watch company Experian being a case in point, not to mention the likely interference by Russian government sponsored hackers in the 2016 US Presidential elections — have triggered something of a “techlash”.

Even without these scandals, it is likely that sooner or later every netizen will have suffered at some point from a bad data experience: from their credit card number being stolen, to their account getting hacked, or their personal details getting exposed; from suffering embarrassment from an inappropriate ad while at work, to realizing that their favorite airline is charging them more than they charge others for the same flight.

See here for the full article, and to join in the conversation.

Carissa Véliz on how our privacy is threatened when we use smartphones, computers, and the internet.

Smartphones are like spies in our pocket; we should cover the camera and microphone of our laptops; it is difficult to opt out of services like Facebook that track us on the internet; IMSI-catchers can ‘vacuum’ data from our smartphones; data brokers may  sell our internet profile to criminals and/or future employees; and yes, we should protect people’s privacy even if they don’t care about it. Carissa Véliz (University of Oxford) warns us: we should act now before it is too late. Privacy damages accumulate, and, in many cases, are irreversible. We urgently need more regulations to protect our privacy.

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