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07 June 2024 / Harry Lambert
Issue: 8074 / Categories: Features , Profession , Technology , Artificial intelligence , Privacy
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Neurotechnology & the law

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In the first of a series of articles on the interplay between neurotechnology & different areas of law, Harry Lambert brings us up to speed on neurotech capabilities
  • Focuses on ‘neurorights’ from a legal perspective, including how they might apply to different areas of practice, and how other jurisdictions are seeking to protect them.

I want you to consider the list below. Each item is a potential application of monitoring, harvesting and analysing brain wave data from electroencephalograms (EEGs). But which of these neurotech capabilities do you think are: (a) possible in the near future; (b) possible in the long term; or (c) impossible?

In ascending order of radicality and/or dystopian-ness (if that is a word) here is the list:

(1) predicting who will suffer from degenerative diseases;

(2) monitoring levels of fatigue;

(3) checking that someone is listening to you/concentrating;

(4) direct brain-to-brain communication;

(5) ascertaining a subject’s political leanings, religious beliefs or amorous feelings;

(6) implanting dreams about products;

(7) scanning a suspect’s memory to

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As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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