Neurological data rights, around captured brain data.

What are NeuroRights?

In short, it is ethics around brain data, and the privacy of this data.

What is brain data? Information from the firing of human cells or neurons. This information can come from inside or outside the body or  your mind. It is a collection of unique signatures that can be detected by sensors attached to the body.

Data can be replicated that depicts and resembles the human brain data, but is not attributed to another perceived living being.  

The technology used to capture brain data is advancing at pace. It can capture how you think and feel on a given moment of interaction whilst wearing it and can be used in such things as marketing, or in the future brain to brain communication.

Let's first look at what neuroscience is. Neuroscience is the study of the brain, its patterns, and the complex networks that it operates within us. This includes its functions and conditions. It is an enormously complex subject, however, we all have a brain, we all feel through senses and this means we have concepts of what the subject covers. Albeit; you may not say it in the correct terminology as the Doctors would but hey, we can't all be neuroscientists, can we?

Next, we look at technology. We all have some idea of what technology is. From scaffolding poles, to mobile phones, to computers. In this instance we look at Neurotechnology.

Examples:

Neurotechnology are devices that can do three things; measure the brain's activity, change the brains activity, or both. They can be  Non-invasive or invasive, such as; BCI's (Brain Computer Interfaces)/BCU's (Brain Computer Units). Invasive devices are currently more advanced and have signs of improving disabilities on levels only imagined in science fiction. They come with hope, but huge risks. Both types measure and manipulate through electronic, magnetic, acoustic, or light.

The devices can be large such as fMRI scanners (Functional Magnetic Resonance Imaging), or small to medium EEG (Electroencephalography), tDCS (transcranial direct-current stimulation), eye tracking. While motion sensors and accelerometers aren't direct links to the brain they give correlation to neural activity, such as understanding the brains response to stimuli. There are other forms of data recovery methods. Please see learning for more information.

The devices can be huge medical grade scanners, or headsets. They can also be earbuds, glasses, wristbands, headbands, helmets, or whatever can be connected to the brain's function.

This technology has been in medical and military settings for some time. The devices and the data they collect in medical settings are typically highly monitored and protected, there are still huge risks. Placebos have been known to be used to support mental health. With some statistics greater then 20% advancement.

Their impacts have been known to generally be positive, but the data is still recorded and can be used with your consent. But extra concerns are applied when these devices are practiced outside of these settings.

Today, you can easily go online and search for wireless devices that can read, and claim to manipulate your brain's activity, thoughts, and feelings and record this information.

The devices are used in support of known data points, such as eye tracking, facial expression, that you have given consent to during your modern day journey of time with technology. Known as  Neuromarketing to form brainwave analysis to sell products or services to you. This is a side effect of modern-day life. We freely sell our data for the price of comforts and services. Unknowingly clicking I accept, I consent, or I do not consent, I do not accept. But yet, we still see that "thing" pop up online, we might have been thinking about? Or did we say it to someone? It doesn't matter, I think I'm just being paranoid, right?

The point here is the data we sell isn't used in a singular manner. It's not used for one purpose, and that's the point! The 6000 unique thoughts you have a day are captured in these devices. Next time you have the time, the ability or inclination to check that pop up! Check what you are signing away and its vendors (the 3rd parties). The 17 policy questions help.

Sometimes the vendors venture into the 1000's and the consent rabbit holes are interminable. What did you sell, for that look at, whatever it might be... There is no such thing as a free lunch! The excuse what other option(s) do I have, wins in favour of the product owners, and 3rd parties'. YOU GAVE EXPLICIT CONSENT. They own your data in all formats because you gave consent.

The devices are used to support people physically and mentally. These disabilities can range from paraplegia (no arms or legs) to depression, or severe mental health conditions. They are also used as enhancement for non-paralysed people.

BCI's or BCU's are a miracle and will change the world. They will support people to fuller and more inclusive lives. They are mostly implanted into the skull and have direct contact with the organs allowing clear and direct manipulation. These devices are not widely available and need surgery to install. The data in this setting is not always used for the intended purposes such as, the interaction with an AI agent or support function, or prosthetic limbs. In addition, the data can be used for further research and development with partners, and 3rd parties with the patient's consent.

The new wireless devices that support meditation, relaxation, focus, attention, sleep, mental health conditions are not as heavily regulated, but hold significant data, some that is still not understood.

This means data can be stored with your permission, and your CONSENT. This data can be harvested now, stored now, used, and decoded later, when technology has caught up, in the coming decades. Allowing people to view what you were thinking and feeling at times of interaction both online and offline. They can use your data for "business purposes" that have not been fully disclosed and hide behind semantic (concept) wording, Also see, semantic learning TAB. Delivered with Cognitive heuristics in mind I.E to learn for yourself, but with a rule of what we don't know now we will learn and teach you later if we remember to.

This means that companies that you have given consent to, can store your brain's data, the thoughts, the feelings, everything that was going on, and the bits you didn't know were going on in those 6000 thoughts a day. The companies and their 3rd parties can store your data indefinitely and use it when required, and as they require. When a change occurs within their businesses such as; share price change, new partnerships, or closure with transfer to new company or other partners or other change occurrences, where collection, deletion, rectifying is lost in a data washing chain.

Data washing is the ability for a company or entity to legitimately and legally hold, use, manipulate, transfer, and transform neural data, to 3rd parties by way of a consent, contract, legal basis or bias. The receiving 3rd party does not know the data source, nor do they know the content of the information(s), other 3rd parties can consume the data and assume the same positions as the previous company. Rendering your ability to find your BRAIN data almost impossible especially, for the average person. The data is then used by the 3rd parties in so far as small changes made make the data now the ownership of the 3rd party claiming intellectual property. The data can be reverse engineered, aggregated, to target individuals as a group in such things as marketing or weaponry, cognitive warfare in old money, propaganda.

The data can be sold, exchanged, used, or utilised in any way to do with legitimate business purposes. Clever legal language in the contracts/consent options/I agree options, and terms and conditions, are used to do this. Remember you consented to this, and you understood it all and so did your children!

Dark pattern are used to trick the user into consenting, you would have seen this, when you thought the button was on the right, but it was actually on the left, and you consented  by mistake. But that mistake, when it comes to brain data, just cost you your secrets, and maybe more than you could ever have imagined. 

Today, the non-invasive devices scan your brain's activity and produce visualising images from semantic concept wording to a high level of accuracy. This imaging is currently around 40% to 60%, but is set to be around 90% in the coming few years, but this could be sooner with AGI advances, and can be stored indefinitely. Mixed with other 3rd parties’ data, your profile is one of real time accuracy. How you felt on that day, your passwords to your accounts, the business meetings you were in, the preferences you don’t know you have, and those sub-vocal, subconscious, unconscious thoughts you were having. They are all recorded, and can be stored, shared, and used as the contract donates. This is not science fiction and is happening mostly impersonally but with your consent.

Imagine all of your deepest and darkest thoughts. The secrets that you never wanted others to know all stored, shared, and sold for your needs to be met. Sometimes by service providers, you don't understand we’re accessing or supplying you with a product or service.

These devices are being used in work settings and are set to increase in volume in the next 5 years in employee training and development. They track, report, and change people's attention, drive, goals, workload, planning, situation awareness, diagnosing issues and more, under what is known as, cognitive ergonomics. How work affects the mind and how the mind affects work.

The idea is to amalgamate agents or virtual AI agents with neurotechnology and support people in areas of work. This conglomerate of new tech and devices are going to replace phones and computer interactions as we step into the new age.

This has a myriad of potential transformative opportunities and issues. Ethical issues around privacy, coercions, and the misuses or bias of the tech needs addressing. This needs an entirely new set of rules for all walks of life, including work.

This creates a huge divide between those that want to use the technology and those that don’t. Those that take enhancement, and those that don’t. The potential risks are if you don’t use the devices, you might and could be discriminated against.

Alongside this, is the use of these devices bring with it potential diminution (reduction) or demystifying effects to the human race through imperfection removal.

In addition, with businesses using AI as strong decision-making tools what does this mean if its biases get it wrong? What if they are wrong about our cognitive ergonomic identity?

Do we just feel one thing, a semantic meaning when we have an interaction with something, someone, or anything? Is it not a vast collection of factors that make me feel that thing at that time. Don’t I feel more than one thing about something, and don’t I have the right to change my mind if and when new information becomes available?

Lastly, the impetus to be included and not left out, is a huge factor of poor quick decision-making. These mistakes have been made in the past, and people have paid the price for haste. The impacts of signing consent contracts can’t yet be easily undone. For social acceptance we could pay the price of our deepest thoughts, and risk manipulation in so many already known, and unknown forms. The biggest risk is the devil’s angel, those seeking help at a fraction of the cost, neurodivergent individuals.

Ask yourself this, when else in your life have you signed a contract that meant so much without understanding it in full, and not reading it! We give ourselves so freely in the hope that someone or something else will protect us from the world. The law protects you but you must know your rights, the only person that is going to protect you in this instance, is YOU!

Critical Questions to Consider

What are the implications of signing these contracts?

What are the dangers?

What are the risks?

How do you get out?

How do you delete your data?

How do you know if it's been completely removed for existence?

What are the implications of NOT signing I consent contracts or work contracts that say you must use these devices?

What happens when you take the technology for personal use and it can give away your company's information?

How can you consent if you are disabled or neurodivergent?

How can you consent if you are a child?

How can a family member consent for others or for their children's data?

Does this make the caregivers data dealers for minors and those with conditions or who are less able?

What does the Darkside look like within our minds and are we willing to share this for the price of whatever that quick need was?

Do we become imprisoned for not wanting to share our minds?

Do we become outcasts for wanting to protect our human rights?

What is your perspective? Have your say!

Fight for your human rights, for clear understanding, equality INFORMED CONSENT for all.

Epoch Equality!

"Semantic" means "related to meaning in language", so a semantic map is essentially a "map" that connects related words. Click the link below to head to the semantic map of the brain.

A dark pattern (also known as a "deceptive design pattern") is a user interface that has been carefully crafted to trick users into doing things.

Cognitive heuristics are mental shortcuts that help people make decisions, but can lead to cognitive biases.