GDPR

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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