The protection of mental privacy in the area of neuroscience : societal, legal and ethical challenges

Advances in (neuro)technological development have led to an increase in the use and accessibility of neurotechnologies (NT), allowing brain activity to be recorded, analysed and manipulated by neurotechnological devices. While they were originally used only for clinical purposes, they are becoming more and more attractive for healthy populations willing to enhance their cognitive or physical abilities. Consumer-grade devices can be acquired and used by lay persons without supervision in work, education and entertainment environments. This state of affairs raises a multitude of open questions and the possibility of threats to data security and privacy, as well as neuropsychological, ethical and societal implications. As a result, the Neurorights Foundation (NRF) was formed in 2017 to investigate and discuss these questions and make them visible to the public. This study addresses the NRF's claims and suggestions and evaluates the need for their proposed 'neurorights'. Disciplinary evaluations of the issues at stake are followed by recommendations and policy options.