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.
  • It is neurotechnology founded by Elon Musk in 2016.
  • Objective: It aims to develop brain machine interface. 
    • BMI system aims to connect direct communication between the brain and the computers.
  • Applications:  Helping disabled individuals.
    • Treatment of diseases: Epilepsy, Parkinson’s disease, and depression. 
      • It can also regulate mood and hormones.
      • Restore sensory functions of people with  spinal cord injuries or amputations. 
    • Expansion of cognitive abilities. 
  • 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.
      • NeurorightsElectroencephalogram (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.

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.

What is Neuroethics?

  • Neuroethics is the study of ethical issues related to the use of neurotechnologies and the understanding of the human brain.
  • Main Concern: Ensuring that the use of neurotechnologies benefits humanity while minimizing harm.

Fundamental Rights and Challenges

  • Mental Privacy: The right to think freely and protect one’s mental states from surveillance and monitoring.
  • Ethical Standards: Experts work to create ethical standards to safeguard these rights amid technological advancements.
Share this with friends ->