Editorial of the Day (17 July): Concern for Neurorights

Table of Contents

Context: The digitisation of neuro-data raises great opportunities as well as concerns.

What is Neurotechnologies?

Neurotechnology encompasses all technologies developed to understand the brain, visualise its processes and even control, repair or improve its functions.
Example: Electroencephalography (EEG), magnetic resonance imaging (MRI) scans, etc.
Applications:
- Development of drugs to treat depression.
- Mental Health Treatment.
- Hearing Recovery (cochlear implants).
- Cognitive Function Assistance.
- Brain-Computer Interfaces (Example: Neuralink)
- Physiological and Emotional Monitoring.

Key Terms

Neurorights: Neurorights refer to the rights pertaining to the human brain and its associated data.
- These include the right to cognitive liberty, mental privacy, mental integrity, and psychological continuity.
Neuroethics: Neuroethics is an interdisciplinary field that examines the implications of neurotechnology on personal identity, consent, and the privacy of brain data, among other concerns.
Neuromarketing: Neuromarketing is the study of how people’s brains respond to advertising and other brand-related messages by scientifically monitoring brainwave activity, eye tracking and skin response.
The ‘Decade of the Brain’:
- The 1990s was dubbed the ‘decade of the brain’ due to a surge in neuroscience and neurotechnology research.
- Prominent projects include the European Union’s ‘Human Brain Project’ and the ‘BRAIN’ initiative.

Neurodata from smartwatches, apps, and ‘embeddables’ can be transmitted to healthcare providers and private companies for enhanced health monitoring and personalised suggestions.
Digitised health data is also valuable for advertising and marketing, particularly in neuromarketing.
Improved diagnostics and treatments for neurological disorders.
Potential to improve memory, decision-making, and other cognitive functions.

Surveillance and Privacy: The potential for invasive surveillance by employers, healthcare providers, and governments, which could lead to control over individuals’ behaviours and thoughts.
Commercial Exploitation: The use of neuro-data in neuromarketing and other commercial applications can manipulate consumer behaviour, raising ethical concerns about consent and manipulation.
Ethical Dilemmas: Neuro-enhancements and cognitive alterations pose ethical questions about equity, consent, and the natural limits of human capabilities.
Regulatory Challenges: Existing legal frameworks may not adequately address the unique aspects of neuro-data and technologies, leading to gaps in protection and governance.
Unintended Consequences: Rapid technological advances could lead to unforeseen health impacts or behavioural changes.
Disparities: The accessibility and regulation of neuro-technologies can exacerbate socio-economic disparities between different regions and socio-economic groups.

S. Presidential Commission on Bioethics (2015): Published ‘Gray Matters’, focusing on ethical issues like cognitive enhancement and consent in neuroscience.
OECD Recommendations (2019): Proposed principles to ensure the ethical use of neurotechnologies, emphasising the safeguarding of personal brain data and monitoring potential misuse.
UNESCO’s Initiative (2022): Discussed the ethical challenges posed by neurotechnologies, especially around mental privacy and identity, leading to the development of a global framework on neurotechnology ethics.
- UNESCO has formed an expert group to create the first global ethical framework for neurotechnology, set for adoption by the end of 2025. Although it may not lead to a binding treaty, this framework is expected to significantly influence government policies and guidelines worldwide.
Legal Developments:
- Chile (2021): Amended its constitution to protect neurorights.
- S. States (2024): Colorado passed a law to protect neurological privacy.

Global Ethical Standards: Develop and adopt international frameworks that respect neurorights and provide guidelines for ethical neurotechnology use.
Public Awareness and Education: Enhance understanding of neurotechnologies and their ethical, legal, and social implications among the public and policymakers.
Research Governance: Implement robust governance structures that require neurotechnological research to proactively address ethical concerns.
Legal Protections: Strengthen legal frameworks to protect individuals from potential abuses of neurotechnology.
Interdisciplinary Collaboration: Encourage collaboration among neuroscientists, ethicists, legal experts, and policymakers.