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D a r a H a l l i n a n & P h i l i p S c h ü t z

Fr a u n h o f e r I n s t i t u t e f o r S y s t e m s a n d I n n o v a t i o n Re s e a r c h

NEURODATA AND SURVEILLANCE

Source: http://psychophysiology.blogspot.de/2009_10_01_archive.html

International Conference on Security, Ethics and Justice Tübingen, 23.06.2012

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• What is neurodata? How is it collected?

• Areas of applications, surveillance and security

potentials

• How neurodata engages Data Protection

- Unique characteristics of neurodata

- Significance of these differences

Overview

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WHAT IS NEURODATA?

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• Measuring brain activity by

depicting changes in blood

flow

• Pure imaging technology

• Expansive, immobile and

difficult-to-use

• Medical and neuro-

marketing application areas

Funct ional magnet ic resonance imaging ( fMRI)

Source: http://www.readingresearch.kennedykrieger.org/fMRIs.html

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• Detecting and recording

specific brain activities by

measuring electrical impulses

• Imaging and steering

technology

• Low priced, mobile and easy-to-

use

• Applications: Mental type-

writer, Brain2Robot, Games

Electroencephalography (EEG)

Source: http://www.experimentation-online.co.uk/article.php?id=1253

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Source: http://scientopia.org/blogs/scicurious/2010/06/16/what-does-that-mri-signal-mean-anyway/Source: http://www.dizziness-and-balance.com/disorders/central/epileptic.html

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• Cognitive science provides ever deeper insight

into brain as set of systems

• Neurodata has value in all contexts of activity

related to decision-making and actions of

individuals

• BUT: Exaggerated expectations

• Technological determinism

The Value of Neurodata

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• Initial use and development in medical contexts

• Use contexts now expanding to

- Marketing

- Games

- Law enforcement

- Military/intelligence services

Use Contexts

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• Authentication and Identification

• Neuro-imaging in criminal proceedings as

- Neuro lie detector

- Proof for (in-)sanity (diminished vs. full

responsibility) of the suspect

• Revelation of secrets or prediction of behaviour

(precrime)

Neurodata in the security discourse

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• Neurodata and the brain as information

• Alteration in the relationship between the

individual and representative data

• Level of insight into the individual, potential to

predict

• Neurodata enables novel aspects of the

individual to be represented in informatic form

Unique Qualities of Neurodata

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• Data protection framework and concepts shaped by context of relevance

and directed development

- Focus on systems of processing rather than changes in

characteristics of data – limited concept of data – neurodata has

unique characteristics in data

• Definition of data key to substance to be controlled

- Forms keystone of framework

- Balance and mechanics dependant on applicability of definition

• Not certain whether application of framework to processing of neurodata

will achieve aims of framework

Neurodata in a Conventional Data System

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• Data Protection framework relies on undefined concept of

autonomy

• Neurodata offers different form of data-based interaction with

individual

- Not based on traditional informatic representations of the

individual but on the analysis of systems ‘behind’ the

individual

• Level of insight into, and power over, the individual may be

unique - protection rules may not achieve desired ends

• Even if this shift were recognised, which principles could be

applied?

Data Protection and Autonomy

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• Data Protection transfers particular set of principles onto data

sphere and processing actions – which principles is based on

conception of nature of data

• Neurodata focuses on the brain – a conceptually different space,

with different applicable principles

• Could the same framework be extended to broader relevance

- data protection has developed substance and meaning in

relation to development context

- on which principles would one base an extension?

Data Protection in a Community of Rights

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• Neurodata-based technologies expanding in use contexts and

sophistication

• Neurodata has significant value

• Neurodata has unique characteristics and link with the individual

• The application of the current framework may not achieve

desired ends

- The novel features of the data may not fit the conception in

the framework

- The brain as a source of data poses unique issues

Conclusion