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  1. What an International Declaration on Neurotechnologies and Human Rights Could Look like: Ideas, Suggestions, Desiderata.Jan Christoph Bublitz - 2024 - American Journal of Bioethics Neuroscience 15 (2):96-112.
    International institutions such as UNESCO are deliberating on a new standard setting instrument for neurotechnologies. This will likely lead to the adoption of a soft law document which will be the first global document specifically tailored to neurotechnologies, setting the tone for further international or domestic regulations. While some stakeholders have been consulted, these developments have so far evaded the broader attention of the neuroscience, neurotech, and neuroethics communities. To initiate a broader debate, this target article puts to discussion twenty-five (...)
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  • Brain Data in Context: Are New Rights the Way to Mental and Brain Privacy?Daniel Susser & Laura Y. Cabrera - 2024 - American Journal of Bioethics Neuroscience 15 (2):122-133.
    The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...)
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  • Brain Data in Context: Are New Rights the Way to Mental and Brain Privacy?Daniel Susser & Laura Y. Cabrera - 2023 - American Journal of Bioethics Neuroscience:1-12.
    The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...)
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  • Philosophical foundation of the right to mental integrity in the age of neurotechnologies.Andrea Lavazza & Rodolfo Giorgi - 2023 - Neuroethics 16 (1):1-13.
    Neurotechnologies broadly understood are tools that have the capability to read, record and modify our mental activity by acting on its brain correlates. The emergence of increasingly powerful and sophisticated techniques has given rise to the proposal to introduce new rights specifically directed to protect mental privacy, freedom of thought, and mental integrity. These rights, also proposed as basic human rights, are conceived in direct relation to tools that threaten mental privacy, freedom of thought, mental integrity, and personal identity. In (...)
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  • Rationales and Approaches to Protecting Brain Data: a Scoping Review.Anita S. Jwa & Nicole Martinez-Martin - 2023 - Neuroethics 17 (1):1-15.
    Advances in neurotechnologies, artificial intelligence (AI) and Big Data analytics are allowing interpretation of patterns from brain data to identify and even predict and manipulate mental states. Furthermore, there are avenues through which brain data can move into the consumer sphere, be reidentified and brokered. In response to these developments, there have been a number of approaches proposed to strengthen protections of brain data. To better understand the landscape of brain data protection discussions, we conducted a scoping review to identify (...)
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  • Neurorights – Do we Need New Human Rights? A Reconsideration of the Right to Freedom of Thought.Nora Hertz - 2022 - Neuroethics 16 (1):1-15.
    Progress in neurotechnology and Artificial Intelligence (AI) provides unprecedented insights into the human brain. There are increasing possibilities to influence and measure brain activity. These developments raise multifaceted ethical and legal questions. The proponents of neurorights argue in favour of introducing new human rights to protect mental processes and brain data. This article discusses the necessity and advantages of introducing new human rights focusing on the proposed new human right to mental self-determination and the right to freedom of thought as (...)
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  • The Unintended Consequences of Chile’s Neurorights Constitutional Reform: Moving beyond Negative Rights to Capabilities.Joseph J. Fins - 2022 - Neuroethics 15 (3):1-11.
    As scholars envision a new regulatory or statutory neurorights schema it is important to imagine unintended consequences if reforms are implemented before their implications are fully understood. This paper critically evaluates provisions proposed for a new Chilean Constitution and evaluates this movement against efforts to improve the diagnosis of, and treatment for, individuals with disorders of consciousness within the broader context of disability law, international human rights, and a capabilities approach to health justice as advanced by Amartya Sen and Martha (...)
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