International Conference on Security, Ethics and Justice
Tübingen, 23.06.2012
N EU R OD ATA A ND SU RVEILLA N CE
Dara Hallinan & Philip Schütz
Fraunhofer Institute for Systems and Innovation Research
Source: http://psychophysiology.blogspot.de/2009_10_01_archive.html
© Fraunhofer ISI
Overview
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What is neurodata? How is it collected?
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Areas of applications, surveillance and security
potentials
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How neurodata engages Data Protection
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Unique characteristics of neurodata
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Significance of these differences
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WHAT IS NEURODATA?
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Functional magnetic resonance imaging
(fMRI)
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Measuring brain activity by
depicting changes in blood flow
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Pure imaging technology
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Expansive, immobile and
difficult-to-use
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Medical and neuro-marketing
application areas
Source: http://www.readingresearch.kennedykrieger.org/fMRIs.html
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Electroencephalography (EEG)
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Detecting and recording specific
brain activities by measuring
electrical impulses
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Imaging and steering technology
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Low priced, mobile and easy-to-use
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Applications: Mental type-writer,
Brain2Robot, Games
Source: http://www.experimentation-online.co.uk/article.php?id=1253
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Source: http://scientopia.org/blogs/scicurious/2010/06/16/what-does-that-mri-signal-mean-anyway/
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Source: http://www.dizziness-and-balance.com/disorders/central/epileptic.html
The Value of Neurodata
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Cognitive science provides ever deeper insight into
brain as set of systems
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Neurodata has value in all contexts of activity related to
decision-making and actions of individuals
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BUT: Exaggerated expectations
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Technological determinism
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Use Contexts
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Initial use and development in medical contexts
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Use contexts now expanding to
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Marketing
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Games
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Law enforcement
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Military/intelligence services
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Neurodata in the security discourse
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Authentication and Identification
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Neuro-imaging in criminal proceedings as
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Neuro lie detector
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Proof for (in-)sanity (diminished vs. full responsibility) of
the suspect
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Revelation of secrets or prediction of behaviour (precrime)
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Unique Qualities of Neurodat a
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Neurodata and the brain as information
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Alteration in the relationship between the individual and
representative data
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Level of insight into the individual, potential to predict
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Neurodata enables novel aspects of the individual to be
represented in informatic form
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Neurodata in a Conventional Data
System
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Data protection framework and concepts shaped by context of relevance and
directed development
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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
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Forms keystone of framework
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Balance and mechanics dependant on applicability of definition
Not certain whether application of framework to processing of neurodata will
achieve aims of framework
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Data Protection and Autonomy
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Data Protection framework relies on undefined concept of autonomy
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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
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Level of insight into, and power over, the individual may be unique protection rules may not achieve desired ends
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Even if this shift were recognised, which principles could be applied?
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Data Protection in a Community of
Rights
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Data Protection transfers particular set of principles onto data sphere and
processing actions – which principles is based on conception of nature of
data
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Neurodata focuses on the brain – a conceptually different space, with
different applicable principles
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Could the same framework be extended to broader relevance
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data protection has developed substance and meaning in relation to
development context
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on which principles would one base an extension?
Conclusion
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Neurodata-based technologies expanding in use contexts and
sophistication
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Neurodata has significant value
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Neurodata has unique characteristics and link with the individual
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The application of the current framework may not achieve desired ends
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The novel features of the data may not fit the conception in the
framework
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The brain as a source of data poses unique issues