Neurorights

This article sheds light on Neurotechnologies and neurorights and the impact of neurotechnologies on understanding of the human brain and brain disorders.

Growth in Neurotechnological Research

• 1990s Focus: The 1990s were known as the ‘decade of the brain’ due to significant government support for neuroscience and neurotechnology research.
• European Projects: The European Union’s ‘Human Brain Project’ and the subsequent ‘BRAIN’ initiative were key drivers in advancing brain research.

What is Neurotechnology? 

• It refers to methods or electronic devices that interact with the nervous system to monitor or modify neural activity.
• Neurotechnology uses various methods to record brain activity and stimulate specific brain regions. 

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• These techniques can be categorized into non-invasive and invasive methods.
  • Non-Invasive Techniques: These techniques interact with the brain from the outside, without the need for surgery.
    • Electroencephalogram (EEG): Uses electrodes placed on the scalp to record electrical brain activity.
    • Functional Magnetic Resonance Imaging (fMRI): Measures brain activity by detecting changes in blood flow with high resolution, though it is more costly.
    • Functional Near-Infrared Spectroscopy (fNIRS): Utilizes handheld sensors on the scalp to measure brain activity, offering lower resolution compared to fMRI.
  • Invasive Techniques: These methods require surgical implantation of electrodes to interact directly with the brain.
    • Microneedle Implantation: Involves inserting tiny electrodes into the cerebral cortex, providing clear signals but covering a limited area.
• Major Goals
  • Control Devices: Using neural activity to control external devices like neuroprosthetics.
  • Neuromodulation: Altering neural activity to repair or normalize functions affected by neurological disorders.
  • Cognitive Enhancement: Augmenting cognitive abilities.
  • Research Tools: Advancing fundamental neuroscience knowledge.

About Neurodata

• Neurodata refers to data that directly represents the function of the human brain.

Advantages of Neurodata

• Digitisation of Neurodata: Offers significant opportunities for various applications, including:
  • Health Monitoring: Enables real-time tracking of health indicators and provides personalized suggestions based on data.
  • Day-to-Day Integration: Devices like smartwatches, apps, and ’embeddables’ collect neurodata for everyday activities, not just medical purposes.
  • Data Transmission: Collected data can be sent to healthcare providers and private companies for integration into larger knowledge frameworks.

Challenges of Neurodata

• Surveillance and Privacy Concerns:
  • Risk of Surveillance: Multiple sources can use neurodata for different purposes, increasing the potential for monitoring.
    • Employee Monitoring: Employers can track an employee’s movements and mental states using neurodata.
  • Data Sharing: Neurodata can be shared with various entities, including state and non-state actors, employers, and physicians.
  • Control and Manipulation: Shared data can be used to exert control over individual behavior, potentially infringing on personal freedoms.
• Commercial and Ethical Concerns:
  • Commercial Value: Digitized health data has significant commercial value, especially in advertising and neuromarketing.
  • Private Sector Investment: Increased investment in neurotechnologies by the private sector raises concerns about governance and regulation.
  • Ethical Issues: Neurotechnologies can probe into individuals’ physiological and psychological states, posing unique ethical challenges.
    • Threat to Mental Privacy: The right to think freely and maintain mental privacy is at risk.
    • Performance Monitoring: Entities can use neurodata to monitor and assess performance, which could lead to invasive tracking of diverse population groups.

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Neurorights

• Neurorights refer to internationally recognized human rights principles that protect individuals’ neurological integrity and privacy in the context of advancing neurotechnologies.
• International Recognition: Neurorights are acknowledged based on principles from the Universal Declaration of Human Rights, though their enforcement varies by jurisdiction.

Neurorights in India

• Constitutional safeguards:
  • Recognition of privacy rights:  India recognises the right to privacy which comprises mental processes. 
  • Prohibition of forced technique:  The court has strictly prohibited various methods such as narco analysis and polygraph tests.
    • It emphasizes the sanctity of privacy of individual thought processes and mental abilities. 
• Digital Personal Data Protection Act (2023)
  • It is a legislative enactment by the parliament of India
  • Objective: safeguard the personal  data of individuals. 
    • Lawful processing: This act ensures that data of individuals is processed in a lawful and transparent manner. 
    • Legitimate purposes: This act allows processing of personal data of individuals for legitimate purposes. 

Advancements in Neurorights 

Global Recognition

• Chilean Pioneers: Chile was the first country that led global efforts by amending its constitution to include digital rights and safeguard “mental integrity” against advancing neurotechnologies.
• Global Adoption: Many countries are embracing e-rights amid digital transformation, aiming to prioritise human interests amidst technological progress.

Global Framework Development

• UNESCO’s Initiative: UNESCO is developing the first global framework on the ethics of neurotechnology, expected by 2025.
  • It could influence governmental policies worldwide, despite not being legally binding.
• Human Rights Dimension: Various intergovernmental organizations are actively addressing the human rights implications of neurotechnologies.
  • Objective: It aims to establish guidelines and frameworks to protect neurorights globally.
    • OECD’s Role: The OECD has issued declarations through its “Recommendation on Responsible Innovation in Neurotechnology,” emphasizing ethical practices and responsible development.
    • Council of Europe’s Strategic Action Plan: The Council of Europe has developed a “Strategic Action Plan” focusing on human rights in relation to emerging biomedical technologies, including advancements in neurotechnology.

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