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A new law in California protects consumers’ "brain data". Some think it doesn’t go far enough.
Tech companies collect brain data that could be used to infer our thoughts—so it’s vital we get legal protections right.
“While it introduces important safeguards, significant ambiguities leave room for loopholes that could undermine privacy protections, especially regarding inferences from neural data,” Marcello Ienca, an ethicist at the Technical University of Munich, posted on X. In it, they and Patrick Magee, also at Duke University, argue for broadening the definition of neural data to what they call “cognitive biometrics.” This category could include physiological and behavioral information along with brain data—in other words, pretty much anything that could be picked up by biosensors and used to infer a person’s mental state. As Farahany, Ienca, and Magee put it: “By choosing whether, when, and how to share their cognitive biometric data, individuals can contribute to advancements in technology and medicine while maintaining control over their personal information.”
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