Neurodata and surveillance

© Fraunhofer ISI

D a r a H a l l i n a n & P h i l i p S c h ü t zFr a u n h o f e r I n s t i t u t e f o r S y s t e m s a n d I n n o v a t i o n Re s e a r c h

NEURODATA AND SURVEILLANCE

Source: http://psychophysiology.blogspot.de/2009_10_01_archive.html

International Conference on Security, Ethics and Justice Tübingen, 23.06.2012

© Fraunhofer ISISeite 2

• What is neurodata? How is it collected?

• Areas of applications, surveillance and security potentials

• How neurodata engages Data Protection

- Unique characteristics of neurodata

- Significance of these differences

Overview


WHAT IS NEURODATA?


• Measuring brain activity by depicting changes in blood flow

• Pure imaging technology

• Expansive, immobile and difficult-to-use

• Medical and neuro-marketing application areas

Funct ional magnet ic resonance imaging ( fMRI)

Source: http://www.readingresearch.kennedykrieger.org/fMRIs.html


• Detecting and recording specific brain activities by measuring electrical impulses

• Imaging and steering technology

• Low priced, mobile and easy-to-use

• Applications: Mental type-writer, Brain2Robot, Games

Electroencephalography (EEG)

Source: http://www.experimentation-online.co.uk/article.php?id=1253


Source: http://scientopia.org/blogs/scicurious/2010/06/16/what-does-that-mri-signal-mean-anyway/Source: http://www.dizziness-and-balance.com/disorders/central/epileptic.html


• Cognitive science provides ever deeper insight into brain as set of systems

• Neurodata has value in all contexts of activity related to decision-making and actions of individuals

• BUT: Exaggerated expectations

• Technological determinism

The Value of Neurodata


• Initial use and development in medical contexts

• Use contexts now expanding to

- Marketing

- Games

- Law enforcement

- Military/intelligence services

Use Contexts


• Authentication and Identification

• Neuro-imaging in criminal proceedings as

- Neuro lie detector

- Proof for (in-)sanity (diminished vs. full responsibility) of the suspect

• Revelation of secrets or prediction of behaviour (precrime)

Neurodata in the security discourse


• Neurodata and the brain as information

• Alteration in the relationship between the individual and representative data

• Level of insight into the individual, potential to predict

• Neurodata enables novel aspects of the individual to be represented in informatic form

Unique Qualities of Neurodata


• Data protection framework and concepts shaped by context of relevance and directed development

- Focus on systems of processing rather than changes in characteristics of data – limited concept of data – neurodata has unique characteristics in data

• Definition of data key to substance to be controlled

- Forms keystone of framework

- Balance and mechanics dependant on applicability of definition

• Not certain whether application of framework to processing of neurodata will achieve aims of framework

Neurodata in a Conventional Data System


• Data Protection framework relies on undefined concept of autonomy

• Neurodata offers different form of data-based interaction with individual

- Not based on traditional informatic representations of the individual but on the analysis of systems ‘behind’ the individual

• Level of insight into, and power over, the individual may be unique - protection rules may not achieve desired ends

• Even if this shift were recognised, which principles could be applied?

Data Protection and Autonomy


• Data Protection transfers particular set of principles onto data sphere and processing actions – which principles is based on conception of nature of data

• Neurodata focuses on the brain – a conceptually different space, with different applicable principles

• Could the same framework be extended to broader relevance- data protection has developed substance and meaning in

relation to development context- on which principles would one base an extension?

Data Protection in a Community of Rights


• Neurodata-based technologies expanding in use contexts and sophistication

• Neurodata has significant value

• Neurodata has unique characteristics and link with the individual

• The application of the current framework may not achieve desired ends

- The novel features of the data may not fit the conception in the framework

- The brain as a source of data poses unique issues

Conclusion

Neurodata and surveillance

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