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21 January 2025
Advances in neurotechnology (NT) have driven the growing collection and processing of neurodata – data related to the structure and functioning of the human brain – across various societal domains. The development and use of NTs heavily depend on neurodata to ensure device functionality (e.g., neurofeedback monitors or brain-computer interfaces) and to enhance performance by refining AI algorithms integrated into these devices.
In our new Research Brief, ‘Neurodata: Navigating GDPR and AI Act Compliance in the Context of Neurotechnology’, Timo Istace highlights the delicate balance needed between leveraging neurodata for progress and protecting individual rights. He notes that ‘the indispensability of neurodata to fuelling progress in the sector needs to be balanced against the risks to individual users. Neurodata is a highly sensitive and personal form of data, akin to genetic data. Its combined features – including its informational richness (extending to cognitive processes), predictive potential, and risk of involuntary disclosure – warrant significant scrutiny to preserve individuals’ privacy, particularly mental privacy.’
Timo further explains, ‘Data protection regulations are crucial in addressing these concerns. The sensitive nature of neurodata raises questions around whether current regulatory frameworks offer adequate protection against incursions on mental privacy and the safeguarding of neurodata. While no supranational regulation specifically addresses neurodata, regional instruments like the EU’s General Data Protection Regulation (2018) provide a framework for assessing protection measures.’
This paper evaluates the effectiveness of the GDPR in mitigating risks associated with the distinctive nature of neurodata, with the goal of safeguarding neuroprivacy and mental privacy in the context of emerging NTs. It analyzes the scope and applicability of the GDPR, examines the challenges of ensuring robust protection during the collection, processing, storage, and transfer of neurodata, and considers how the recent EU AI Act might complement or reinforce GDPR safeguards.
CCPR Centre
Via its DHRTTDs Directory, the Geneva Human Rights Platform provides a comprehensive list and description of such key tools and databases. But how to navigate them? Which tool should be used for what, and by whom? This interview helps us understand better the specificities of the current highlight of the directory: ICCPR Follow-up World Maps
A new episode of our podcast 'In and Around War(s)' with the theme 'The Geneva Conventions on Trial' has just been released.
ICRC
Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.
This training course will delve into the means and mechanisms through which national actors can best coordinate their human rights monitoring and implementation efforts, enabling them to strategically navigate the UN human rights system and use the various mechanisms available in their day-to-day work.
ICRC
Participants in this training course will gain practical insights into UN human rights mechanisms and their role in environmental protection and learn about how to address the interplay between international human rights and environmental law, and explore environmental litigation paths.
Adobe
To unpack the challenges raised by artificial intelligence, this project will target two emerging and under-researched areas: digital military technologies and neurotechnology.
Paolo Margari
This research aims at mainstreaming the right to a clean, healthy and sustainable environment and the protection it affords in the work of the UN Human Rights Council, its Special Procedures and Universal Periodic Review, as well as in the work of the UN General Assembly and UN treaty bodies.
Geneva Academy
Geneva Academy