Nandini Roy Choudhury, writer
Brief news
- The Colorado Consumer Protection Act has been enacted to safeguard the privacy of individuals’ personal data, particularly sensitive data such as biological data.
- There is a lack of comprehensive legislation governing the management of brain data, despite the growing consumer neurotechnology industry.
- The Colorado legislation is seen as a significant advancement in protecting individuals’ biological privacy and providing users with resources to assert their rights.
Detailed news
The inquiry into the nature of an idea is no longer confined to the realm of philosophy. Similar to other quantifiable phenomena, our thoughts may now be analyzed using advanced techniques that involve collecting data via EEG monitoring. Furthermore, this advancement implies that the data may be used as a commodity, and firms in the wearable consumer technology industry are already purchasing and selling collected brain data. Unfortunately, there are currently little safeguards in place to protect consumers.
Colorado has just enacted a pioneering privacy statute with the objective of safeguarding these rights. The legislation is governed by the “Colorado Consumer Protection Act,” which seeks to safeguard the privacy of individuals’ personal data by imposing certain obligations on companies that handle personal data. It also provides further safeguards for sensitive data.
The primary focus of the Colorado legislation is the broadening of the definition of “sensitive data” to encompass “biological data,” which encompasses various biological, genetic, biochemical, physiological, and neurological characteristics.
Elon Musk’s Neuralink is widely recognized as a prominent illustration of the integration of technology with the human mind. However, it is not the only player in this field. Paradromics has emerged as a strong competitor, and there are also other devices that have successfully restored speech to stroke victims and enabled amputees to control prosthetic limbs using their thoughts. Each of these goods is a medical device that necessitates installation and is safeguarded by HIPAA’s stringent privacy regulations. The Colorado legislation specifically targets the fast-growing consumer technology industry, particularly gadgets that do not involve medical procedures, lack similar safeguards, and may be purchased and used without any form of medical supervision.
Numerous firms are producing wearable gadgets that capture brain waves, often known as neura data. Amazon offers a wide range of items, including sleep masks that enhance deep sleep and encourage lucid dreaming, headbands that improve attention, and biofeedback headsets that enhance meditation sessions. These items are specifically designed to collect neural data using tiny electrodes that measure brain activity. Some of these goods also employ electric shocks to influence brain function.
There is a lack of comprehensive legislation governing the management of brain data.
“We have now ventured into the realm of science fiction,” stated Representative Cathy Kipp, the primary proponent of the Colorado measure. “Just like in any scientific progress, there must be measures in place to ensure safety and ethical boundaries.”
‘ChatGPT-moment’ for consumer neurotechnology
A recent research conducted by The NeuroRights Foundation revealed that out of the thirty firms analyzed, who are involved in the production of wearable equipment capable of recording brainwaves, twenty-nine of them “do not impose any significant restrictions on this access.”
“The advancement in consumer neurotechnology has primarily focused on the improved capacity to capture and analyze brainwaves,” stated Dr. Sean Pauzauskie, the medical director of The NeuroRights Foundation. According to him, devices that utilize electroencephalography, a technology easily accessible to consumers, constitute a multibillion-dollar industry that is projected to double in size within the next five years. “In the next two to five years, it is possible that neurotechnology could experience a moment similar to ChatGPT.”
The amount of data that may be gathered is influenced by several aspects. However, due to rapid technological advancements, there is potential for a significant rise in applications, as the technology progressively integrates artificial intelligence. Apple has previously submitted patent applications for AirPods that can detect brain activity.
“The regulation of brain data is crucial due to its significance.” “They serve as a representation of the internal processes of our thoughts,” stated Rafael Yusuf, a professor of biological sciences and the head of the NeuroTechnology Center at Columbia University. He is also the Chairman of the NeuroRights Foundation and a prominent member of the Morningside Group, an organization focused on ethical considerations in neurotechnology.” “The brain is not merely a conventional bodily organ,” he said. “In order to ensure that private actors adopt a responsible innovation framework, it is necessary to involve them, as the brain is the sanctuary of our minds.”
Pauzauskie emphasized that the significance for corporations lies in the analysis or deciphering of the brain signals obtained through wearable devices. while an illustrative scenario, he stated, “If you were using earbuds that can sense brain activity, Nike would not only be aware of your browsing history regarding running shoes, but also of your level of interest as you browsed.”
There is a growing demand for law that protects individuals’ biological privacy
The Colorado bill aims to address a specific problem that might potentially result in a series of similar laws. These laws would focus on the combination of fast improving technology and the commercialization of user data, attracting more attention. Historically, advancements in innovation have outpaced the development of consumer rights and safeguards.
“The internet and consumer genetic revolutions are the most relevant and recent examples of technology and privacy concerns that were not effectively regulated,” stated Pauzauskie.
An analogous trajectory may ensue from unregulated progress in the gathering and commercialization of consumer brain data. Pauzauskie highlighted that main threats include hacking, corporate profit objectives, constantly evolving privacy agreements for consumers, and limited or nonexistent legal protections for data. According to the Colorado private Act, brain data is granted the same level of private protection as fingerprints.
Professor Farinaz Koushanfar and Associate Professor Duygu Kuzum from the department of Electrical and Computer Engineering at UC San Diego state that it is now premature to fully comprehend the constraints of the technology, as well as the extent of the potentially invasive data gathering.
In their joint statement provided via email, they stated that tracking brain data encompasses monitoring many cognitive processes and functions, such as thoughts, intents, and memories. On one end of the spectrum, tracking brain data might include directly accessing medical information.
The extensive array of alternatives is a concern in itself. “The presence of numerous uncertainties in this field is a cause for concern,” they said.
Koushanfar and Kuzum suggest that if these regulations become widely adopted, corporations will likely be compelled to completely restructure their present organizational framework. It may be necessary to appoint new compliance officers and adopt measures such as risk assessment, third-party audits, and anonymization to create the standards for the businesses involved.
From the perspective of consumers, the Colorado legislation and any future initiatives are significant advancements in terms of providing users with improved education and necessary resources to verify and assert their rights in case of violations.
“The privacy law in Colorado concerning neurotechnology could be seen as an uncommon case where rights and regulations are established before any widespread misuse or abuse of consumer data occurs,” Pauzauskie stated.
Source : CNBC News
