Introduction:
In today's era of advanced technology, advocating for the creation of new human rights is emerging as a new frontier. It is important to address the ethical and legal challenges related to data privacy and security as advances in neuroscience technologies continue.
The ability to map our brains, decode the information collected, and have unlimited access to our thoughts (and therefore our souls) and memories seems like a scene from a science fiction film; nothing could be further from the truth, giving us a glimpse of a dystopian present.
This article explores the importance of ensuring the protection of personal data in a world where brain-computer interaction and neurotechnology are constantly and constantly evolving.
What are neurorights?
Neurorights consist of a series of rights designed to protect people's mental health and privacy in an environment where neuroscience technologies enable access to and control of the human brain. Their purpose is to ensure that people maintain control over their thoughts, feelings, and brain data, thus preventing any form of abuse or manipulation without their consent.
Therefore, there is an urgency (and need) to establish regulations that safeguard individual rights, through the five neuro-rights.[1] proposed by the scientific community (through the NeuroRights organization) to later incorporate them into the Universal Declaration of Human Rights and which are detailed below:
- Mental privacy: Any neurodata collected by measuring brain activity must be kept strictly confidential; and if stored, the individual's right to request its deletion at any time must be guaranteed. Likewise, it is essential to strictly regulate the sale, transfer, and use of neurological data.
- Personal identity: “Boundaries must be developed to prevent technology from disrupting one's sense of self. When neurotechnology connects people to digital networks, it could blur the line between a person's consciousness and external technological input.”
- Free will: “People should have ultimate control over their own decision-making, without unknown manipulation by external neurotechnologies.”
- Fair Access to Mind Augmentation: “Guidelines should be established at both the international and national levels to regulate the use of mind-enhancing neurotechnologies. These guidelines must be based on the principle of fairness and guarantee equal access.”
- Bias Protection: “Countermeasures to combat bias should be standard for algorithms in neurotechnology. Algorithm design must include input from user groups to fundamentally address bias.”
Likewise, it is necessary to discuss neurotechnology, which is directly related to neuro-rights, as this technology allows for the use of techniques to record brain activity and stimulate specific parts of the brain. It also allows for measuring and characterizing brain activity related to behaviors and modifying brain activity and, consequently, behaviors, cognitive abilities, and emotions.
Challenges in Privacy and Neural Data Protection
Although data protection through the General Data Protection Regulation is a fundamental element in safeguarding neurological rights, it is necessary to adapt the regulations to the new reality around us in order to address the ethical and legal challenges posed by neural data.
- Informed Consent: Ensure that users of neuroscience technologies clearly understand the implications (and consequences) of sharing their neural data. Consent must be explicit, for a specific purpose, and can be revoked at any time.
- Storage and Security: Neural data must be stored securely to protect it from unauthorized access, such as cyberattacks.
- Transparency: Organizations/institutions must be transparent about how they collect, use, and share neural data and the intended purposes.
- Ethics committees: Specific regulatory frameworks addressing neurological rights and the protection of neurological data are needed. Oversight of these technologies must be carried out by independent bodies that ensure compliance with regulations.
Are neurological rights regulated in Spain?
Currently, there is no such law on neuro-rights in Spain; however, they are included in the Digital Rights Charter published by the Government in 2021, which serves as a roadmap for the development of future laws. Specifically, they are included in section "6. XXVII. Guarantee of rights in digital environments"; "XXVI Digital rights in the use of neurotechnologies."[2]
Furthermore, a joint project between the Spanish Government and the Community of Madrid is underway to create a Neurotechnology Institute in Madrid, with the support and advice of leading experts and international leaders in the field.
Also, last year the Valencia Declaration was signed[3], a proposal by the Valencian Council of Culture to include neuro-rights in the Declaration of Human Rights. And in October of that same year, the León Declaration on European Neurotechnology was presented.[4]; the first European Union declaration to protect neurological rights in the face of advancing neurotechnology.
Conclusion
Without a doubt, a social and ethical debate must be opened regarding the processing of brain data and the technologies involved, given their significant disruptive potential in our daily lives, as well as their scope and risks to safeguarding and respecting human dignity and individual rights.
Is it ethical to use this information to manipulate behavior? Can it be sold to companies for commercial purposes? How can we protect our thoughts? In addition to all of the above, we must add Artificial Intelligence to this equation. It's clear that these new emerging technologies offer immense opportunities in various areas that improve our quality of life, but the creation of a solid legal and ethical framework for neurological rights is necessary as a fundamental step toward protecting the human mind in the 21st century.
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[1] https://neurorightsfoundation.org/mission (Last visited June 2, 2024)
[2] https://www.lamoncloa.gob.es/presidente/actividades/Documents/2021/140721-Carta_Derechos_Digitales_RedEs.pdf (Last visited June 3, 2024)
[3] https://cvc.gva.es/es/neuroderechos-declaracion-de-valencia/ (Last visited June 4, 2024)
[4] https://spanish-presidency.consilium.europa.eu/es/noticias/declaracion-leon-neurotecnologia-europea-ue-derechos-humanos/ (Last visited June 4, 2024)
