1. © Fraunhofer ISI Dara Hallinan & Philip Schütz Fraunhofer Institute for Systems and Innovation Research NEURODATA AND SURVEILLANCE Source: http://psychophysiology.blogspot.de/2009_10_01_archive.html International Conference on Security, Ethics and JusticeTübingen, 23.06.2012

2. © Fraunhofer ISI Seite 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

3. © Fraunhofer ISI Seite 3 WHAT IS NEURODATA?

4. © Fraunhofer ISI Seite 4 Measuring brain activity by depicting changes in blood flow Pure imaging technology Expansive, immobile and difficult-to-use Medical and neuro-marketing application areas Functional magnetic resonance imaging (fMRI) Source: http://www.readingresearch.kennedykrieger.org/fMRIs.html

5. © Fraunhofer ISI Seite 5 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

6. © Fraunhofer ISI Seite 6 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

7. © Fraunhofer ISI Seite 7 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

8. © Fraunhofer ISI Seite 8 Initial use and development in medical contexts Use contexts now expanding to  Marketing  Games  Law enforcement  Military/intelligence services Use Contexts

9. © Fraunhofer ISI Seite 9 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

10. © Fraunhofer ISI Seite 10 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

11. © Fraunhofer ISI Seite 11 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

12. © Fraunhofer ISI Seite 12 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

13. © Fraunhofer ISI Seite 13 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

14. © Fraunhofer ISI Seite 14 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