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Keyword: neurotechnology

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Data Protection for Genomics and Brain Data: journal article

Personal Privacy Versus Scientific Innovation in the United States and European Union

Robert I. Field

European Data Protection Law Review, Volume 10 (2024), Issue 1, Page 30 - 42

Two powerful new technologies enable the collection of especially intimate personal information and pose special threats to privacy. These are technologies that collect and analyse data on the genomes and brain activity of individuals. Both technologies are enabling tremendous medical advances, but they come with new kinds of risks to the individuals whose information is compiled. The United States and European Union have so far taken different paths in their approach to balancing scientific innovation and individual privacy, with important implications for these technologies. While laws in both jurisdictions leave gaps in privacy protection, those is in the United States are especially porous, particularly with regard to data amassed by private companies that collect them from customers on a direct-to-consumer basis. However, even in the EU where the General Data Protection Regulation offers a single comprehensive regulatory scheme for residents of member states, privacy protection is incomplete and will likely be reduced by a subsequent regulatory proposal, the European Health Data Space. This article describes key privacy laws in both jurisdictions concerning health-related information, explains the implications of their shortcomings for genomic and brain data, and suggests reforms to address those shortcomings. These reforms would promote closer convergence of laws in the two jurisdictions, which could provide more consistent protection for individuals and clearer compliance standards for entities that use sensitive health data to advance new technologies. Keywords: genomics; neurotechnology; privacy; GDPR; regulation

The Rise of the Neuroslave: journal article

Is the EU Normative Framework Fit to Grant Protection Against the Employers Accessing the Worker’s Mental States?

Marta Sosa Navarro

European Data Protection Law Review, Volume 10 (2024), Issue 1, Page 17 - 29

Are employers allowed under EU law to use brain data as part of the growing trend of workplace surveillance? And if so, how should this be regulated to ensure full respect of labour rights? What role does the workers’ consent play in this context? Through the examination of the legal protection offered to mental data by the GDPR and the potential of the opening clause enshrined in its Article 88 as a tool to protect workers from neurosurveillance, this paper aims to answer some of these questions. Ultimately, through the combined analysis of scholarly writings, data protection and labour legislation adopted in EU Member States and the relevant ECtHR and CJUE case-law, this work provides the basis for a broader discussion on whether the legal safeguards currently in force are sufficient to grant protection against the employers accessing workers’ mental states. Keywords: workplace surveillance; GDPR; right to privacy, freedom of thought and expression; wearable neurotechnology

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