NEURORIGHTS
1. Context
The right to safeguard one’s mental statuses and thoughts from surveillance are precious fundamental rights but technological advancements may cheapen them in some contexts. The digitisation of neuro-data raises great opportunities as well as concerns
2. What is a Neurotechnology?
- Neurotechnology encompasses a range of methods and devices that aim to understand, repair, replace, enhance, or exploit the functions of the brain and nervous system. This multidisciplinary field includes elements from neuroscience, engineering, computer science, and more
- These systems enable direct communication between the brain and external devices, allowing for control of prosthetic limbs, computer cursors, and other tools through brain signals
- These are devices that replace or enhance the function of a damaged nervous system or sensory organ. Examples include cochlear implants for hearing loss and retinal implants for vision restoration
- Techniques such as deep brain stimulation (DBS) and transcranial magnetic stimulation (TMS) modify neural activity to treat conditions like Parkinson's disease, depression, and epilepsy
- Advanced imaging techniques like functional MRI (fMRI) and positron emission tomography (PET) allow scientists to observe brain activity and structures, aiding in the diagnosis and study of neurological conditions
- Neurotechnologies have significantly advanced since the creation of electroencephalography (EEG).
- Developed a century ago, EEG has profoundly influenced our understanding of the brain and the treatment of neurological disorders.
- Researchers predict the imminent arrival of wearable EEG devices that could enhance human cognitive abilities directly.
- Additionally, Elon Musk’s Neuralink has sparked optimism about brain-computer interfaces assisting people with physical impairments in regaining lost functions.
- The 1990s were famously dubbed the ‘decade of the brain’ due to substantial government investments in neuroscience and neurotechnology research.
- Major initiatives like the European Union’s ‘Human Brain Project’ and the subsequent ‘BRAIN’ initiative exemplified this support.
- Nowadays, research in these fields enjoys backing from private companies, especially within the life sciences sector, and has expanded to cover brain pathophysiology, deep-brain stimulation, and neuromarketing.
- Neurotechnologies encompass a wide range of applications, from the commonly used Magnetic Resonance Imaging (MRI) to the less frequent Brain-Computer Interfaces (BCI).
- Over the past few decades, the variety of sensory data these technologies can capture has grown significantly. Advanced biosensors capable of recording physiological activities, behavioural responses, and emotions have become a reality
3. Significance of Neurodata
- The digitalization of neuro-data presents both significant opportunities and concerns. Beyond care-seekers, neurotech is becoming more integrated into everyday life through smartwatches, apps, and 'embeddables.'
- These devices collect user data, which can then be transmitted to healthcare providers and private companies. These entities might integrate the data into broader frameworks to offer real-time health tracking and personalized recommendations.
- However, this also heightens the risk of surveillance from various sources for different purposes. For instance, employers might monitor employees' movements and mental states to assess alertness, fatigue, and other indicators.
- This data can be shared with other employers, physicians, and various state and non-state actors, potentially increasing control over individuals' behavior. Digitized health data also holds significant commercial value, particularly in advertising and neuromarketing.
- The growing investment by the private sector in neurotechnologies has sparked concerns regarding their governance and regulation. These technologies raise unique ethical issues as they can access individuals' physiological and psychological states.
- Ultimately, the right to free thought and mental privacy could be at risk. Under the guise of monitoring and assessing efficiency, different entities may track and monitor the movements and behaviours of various segments of the population, both individually and collectively
4. What is Neuroethics?
- The right to think freely and protect one’s mental state and thoughts from surveillance and monitoring are fundamental rights that could be undermined by technological advancements.
- Experts aim to establish ethical standards to maximize the benefits of neurotechnologies while minimizing harm, which is the central concern of neuroethics, a crucial field of research and action that has grown over the past two decades.
- Various institutions and funding agencies have sought to define and enforce ethical principles for neuro-related research and development.
- In 2015, the U.S. Presidential Commission on Bioethics released a two-volume report titled "Gray Matters," addressing ethical tensions and societal implications of advancing neuroscience and technology, focusing on cognitive enhancement, consent capacity, and the intersection of neuroscience and the legal system.
- In 2019, the Organisation for Economic Co-operation and Development (OECD) recommended nine principles to ensure ethical neurotechnology development and use, emphasizing "safeguarding personal brain data" and "anticipating and monitoring potential unintended use and/or misuse."
- UNESCO published a paper in 2022 highlighting that neurotechnology's interaction with and alteration of the human brain raises issues of human identity, freedom of thought, autonomy, privacy, and well-being.
- The risk of unauthorized access to sensitive brain information is significant, especially as neural data is increasingly sought for commercial purposes like digital phenotyping, emotional data, neurogaming, and neuromarketing.
- Industry developments in neuromarketing to evaluate and potentially alter consumer preferences raise serious concerns about mental privacy, especially in non-democratic governments.
- In 2023, researchers at the Institute of Neuroethics in Atlanta reviewed several guidelines and ethical frameworks published worldwide. These documents urge researchers to "proactively consider and communicate potential implications of scientific advances" and to "improve and meaningfully incorporate ethics in training and the conduct of research."
5. About Neurorights
- Internationally accepted human rights principles and the Universal Declaration of Human Rights offer some insights into individuals' neurorights, but their enforceability varies by jurisdiction. In 2021, Chile became the first country to legally recognize neurorights by amending its constitution.
- According to a 2022 article in the journal AI & Society, technological advancements in Chile must "respect people's physical and mental integrity," and its laws should "protect brain activity and related information." In the U.S., Colorado passed a law in April 2024 to safeguard neurological privacy, while California is considering similar legislation.
- However, some legal scholars argue that the current rights framework is sufficient and that neurorights-specific laws may have limited scope. For instance, in a paper published last year in AJOB Neuroscience, Pennsylvania State University scholars debated whether neuro-privacy is significantly different from data privacy.
- A major challenge in developing appropriate neuroethical standards is the rapid evolution of the underlying technologies.
- The diverse contexts in which these technologies are used, along with varying expectations and cultural norms, further complicate this task.
- UNESCO has appointed an expert group to develop the "first global framework on the ethics of neurotechnology," expected to be adopted by the end of 2025.
- Although this framework is unlikely to lead to a treaty or binding convention, it could significantly influence government guidance documents and policy narratives. Besides UNESCO, various intergovernmental organizations are also actively addressing the human rights implications of neurotechnologies
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For Prelims: Brain-computer interfaces (BCIs), Gray Matters, neuroprosthetics
For Mains: GS III- Science & Technology -Rapid evolution of neurotechnologies
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Source: Indianexpress
