Cognitive Enhancement and the Problem of the Pressure to Enhance: Rational Choice Modeling and Normative Justification

Dubljević, Veljko

doi:10.1007/978-3-030-13643-7_2

Cited by 1 publication

(1 citation statement)

References 22 publications

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“…Indeed, in a series of studies conducted on the subject, which later resulted in the publication of “An Open Letter Concerning Do-It-Yourself Users of Transcranial Direct Current Stimulation” it was pointed out that Enhancement of some cognitive abilities may come at the cost of others ( Dubljevic, 2019 ). Changes in brain activity (intended or not) may last longer than a user may think, Small differences in tDCS parameters can have a big effectand that tDCS effects are highly variable across different people.…”

Section: Introductionmentioning

confidence: 99%

Chilean Supreme Court ruling on the protection of brain activity: neurorights, personal data protection, and neurodata

Cornejo-Plaza,

Cippitani,

Pasquino

2024

Front. Psychol.

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This paper discusses a landmark ruling by the Chilean Supreme Court of August 9, 2023 dealing with the right to mental privacy, originated with an action for constitutional protection filed on behalf of Guido Girardi Lavin against Emotiv Inc., a North American company based in San Francisco, California that is commercializing the device “Insight.” This wireless device functions as a headset with sensors that collect information about the brain’s electrical activity (i.e., neurodata). The discussion revolves around whether neurodata can be considered personal data and whether they could be classified into a special category. The application of the present legislation on data (the most obsolete, such as the Chilean law, and the most recent EU law) does not seem adequate to protect neurodata. The use of neurodata raises ethical and legal concerns that are not fully addressed by current regulations on personal data protection. Despite not being necessarily considered personal data, neurodata represent the most intimate aspects of human personality and should be protected in light of potential new risks. The unique characteristics of neurodata, including their interpretive nature and potential for revealing thoughts and intentions, pose challenges for regulation. Current data protection laws do not differentiate between different types of data based on their informational content, which is relevant for protecting individual rights. The development of new technologies involving neurodata requires particular attention and careful consideration to prevent possible harm to human dignity. The regulation of neurodata must account for their specific characteristics and the potential risks they pose to privacy, confidentiality, and individual rights. The answer lies in the reconfiguration of human rights known as “neurorights” that goes beyond the protection of personal data.

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Section: Introductionmentioning

confidence: 99%