New Research Brief Evaluates the Effectiveness of GDPR in Mitigating Risks Associated with the Distinctive Nature of Neurodata

21 January 2025

Advances in neurotechnology (NT) have driven the growing collection and processing of neurodata – data related to the structure and functioning of the human brain – across various societal domains. The development and use of NTs heavily depend on neurodata to ensure device functionality (e.g., neurofeedback monitors or brain-computer interfaces) and to enhance performance by refining AI algorithms integrated into these devices.

In our new Research Brief, ‘Neurodata: Navigating GDPR and AI Act Compliance in the Context of Neurotechnology’, Timo Istace highlights the delicate balance needed between leveraging neurodata for progress and protecting individual rights. He notes that ‘the indispensability of neurodata to fuelling progress in the sector needs to be balanced against the risks to individual users. Neurodata is a highly sensitive and personal form of data, akin to genetic data. Its combined features – including its informational richness (extending to cognitive processes), predictive potential, and risk of involuntary disclosure – warrant significant scrutiny to preserve individuals’ privacy, particularly mental privacy.’

Timo further explains, ‘Data protection regulations are crucial in addressing these concerns. The sensitive nature of neurodata raises questions around whether current regulatory frameworks offer adequate protection against incursions on mental privacy and the safeguarding of neurodata. While no supranational regulation specifically addresses neurodata, regional instruments like the EU’s General Data Protection Regulation (2018) provide a framework for assessing protection measures.’

This paper evaluates the effectiveness of the GDPR in mitigating risks associated with the distinctive nature of neurodata, with the goal of safeguarding neuroprivacy and mental privacy in the context of emerging NTs. It analyzes the scope and applicability of the GDPR, examines the challenges of ensuring robust protection during the collection, processing, storage, and transfer of neurodata, and considers how the recent EU AI Act might complement or reinforce GDPR safeguards.

MORE ON THIS THEMATIC AREA

News

New Working Paper Explores AI for Human Rights and SDG Monitoring

30 January 2025

A new working paper, 'AI Decoded: Key Concepts and Applications of Artificial Intelligence for Human Rights and SDG Monitoring', has been published by the Geneva Human Rights Platform.

Read more

neurodata graphics News

New Research Brief Evaluates the Effectiveness of GDPR in Mitigating Risks Associated with the Distinctive Nature of Neurodata

21 January 2025

Our recent research brief, Neurodata: Navigating GDPR and AI Act Compliance in the Context of Neurotechnology, examines how effectively GDPR addresses the unique risks posed by neurodata.

Read more

Warzone Event

Advanced IHL Seminar for Academics and Policymakers

25-29 August 2025, 09:00-17:30

Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.

Read more

A general view of participants during of the 33nd ordinary session of the Human Rights Council. Training

The Universal Periodic Review and the UN Human Rights System: Raising the Bar on Accountability

10-14 November 2025

This training course will explore the origin and evolution of the Universal Periodic Review (UPR) and its functioning in Geneva and will focus on the nature of implementation of the UPR recommendations at the national level.

Read more

A general view of participants during of the 33nd ordinary session of the Human Rights Council. Training

Practical Training on Human Rights Council Procedures for SIDS/LDCs

4-5 June 2025

This hands-on training is designed specifically for diplomats from Small Island Developing States and Least Developed Countries who are current or prospective members of the United Nations Human Rights Council.

Read more

First annual conference of the Geneva Human Rights Platform Project

The Annual Conference of the Geneva Human Rights Platform

Started in June 2019

Read more

Project

Follow-up Review Pilot Series

Started in November 2021

Read more

Cover of the publication Publication

Briefing N° 25: Localizing Multilateralism

published on March 2025

Domenico Zipoli, Ludovica Chiussi Curzi, Kamelia Kemileva

Read more

Cover page of the working paper Publication

AI Decoded: Key Concepts and Applications of Artificial Intelligence for Human Rights and SDG Monitoring

published on January 2025

Milica Mirkovic, Jennifer Victoria Scurrell

Read more