Comprehending and Safeguarding Neurorights
Why in the News?
Anticipated development of wearable electroencephalography (EEGs) that can enhance human cognitive functions directly.
Advances in Neurotechnologies:
- Historical Context: Neurotechnologies have progressed significantly since the invention of electroencephalography (EEG) 100 years ago, enhancing our understanding of the brain and treatments for brain disorders.
- Future Prospects: Wearable EEGs could soon assist cognitive functions. Elon Musk’s Neuralink aims to restore lost functions in physically impaired individuals through brain-computer interfaces (BCIs).
Neuralink’s First Human Patient: A patient with quadriplegia or Amyotrophic lateral sclerosis (ALS) was implanted with a Neuralink brain chip, fully recovered, and is now able to control a computer mouse using thoughts, with the trial focused on maximising mouse button clicks.
What is Neuralink?
- Founded by Elon Musk in 2016, Neuralink aims to develop a brain-computer interface called “the Link” to decode and stimulate brain activity.
- Recently, it successfully implanted its first device in a human brain in January 2024, with ambitions to enable people to control computers using thoughts and treat conditions like obesity, autism, depression, and schizophrenia.
EEG: Electroencephalograms (EEGs) record electrical activity in the brain and are valuable for monitoring brain functions and diagnosing neurological conditions.
Neuroscience: Neuroscience is a multidisciplinary field that studies the nervous system, encompassing the brain, spinal cord, and peripheral nerves to understand their structure, function, and disorders.
1990s: Decade of the Brain:
- Government Boost: Major initiatives like the European Union’s ‘Human Brain Project’ and the U.S.’s ‘BRAIN’ initiative supported neurotech research.
- Private Sector Involvement: Increasing involvement of private companies, particularly in life sciences, has expanded research into brain pathophysiology, deep-brain stimulation, and neuromarketing.
Types of Neurotechnologies:
- Common Tools: Magnetic Resonance Imaging (MRI) and Brain Computer Interface (BCIs).
- Advanced Capabilities: Sophisticated biosensors now record physiological activities, behavioural responses, and emotions.
Value and Risks of Neurodata:
- Opportunities:
- Medical Advancements: Precise diagnoses and personalised treatments for neurological disorders.
- Technological Innovation: Development of BCIs and wearable neurodevices.
- Research Insights: Enhances understanding of brain functions, cognition, and behaviour.
- Concerns:
- Surveillance Risks: Potential misuse of neurodata for monitoring by employers, governments, and private companies.
- Privacy and Security: Threatens mental privacy and autonomy.
- Ethical Challenges: Ethical dilemmas in mental privacy, consent, and the use of neurotech in societal contexts.
Neuroethics: Neuroethics addresses ethical, legal, and social implications of neurotechnologies, aiming to maximise benefits and minimise harm.
- Key Initiatives:
- U.S. Presidential Commission on Bioethics (2015): ‘Gray Matters’ report on cognitive enhancement, consent capacity, and neuroscience in the legal system.
- OECD Recommendations (2019): Principles for ethical neurotechnology development, including safeguarding brain data.
- UNESCO (2022): Emphasised risks to human identity, freedom of thought, and privacy from unauthorised neural data access.
Neurorights:
- Definition: Neurorights protect brain activity and mental states from unauthorised access and manipulation.
- Key Rights:
- Mental Privacy: Protects against unauthorised access to neural data.
- Neurological Integrity: Ensures freedom from undue neurotechnological manipulation.
International Developments:
- Chile’s Legal Recognition (2021): First country to legally recognise neurorights, protecting brain activity and information.
- U.S. Legislation: Colorado’s 2024 law on neurological privacy; similar legislation in California.
- OECD and UNESCO: Developing frameworks and recommendations for responsible neurotechnology use.
- Institute of Neuroethics (2023): Emphasised ethical considerations in research and the need for ethics in training.
Way Forward:
- Regulatory Collaboration: Governments and international bodies must create robust regulations to govern neurodata, ensuring ethical use and protection of mental privacy, consent, and individual rights.
- Future Challenges: Rapid technological advancements necessitate adaptable ethical standards to protect neurorights.
