Why should I mind that brain data (memories), will be; harvested, used, and decoded, when I already give so much data away; like my heart rate, and other data points that can basically predict my brain activity anyway?

The short answer: it’s a completely personal choice to give away brain data (memories). It should always remain that way. Your heart rate is not your brain data. Your brain data is more unique than DNA. Especially, in the future when resolution decoding capabilities will have improved. Much like old black and white photos, or poor-quality images, that can now be coloured, and cleaned, and even recreated, or simulated using AI. The same will be true of your brain data (memories).

What if someone could weaponise your thoughts?

The technology currently for most may only be able to give general overviews; such as: whether you are interested or not. But some may already have the capability to go to depths that are not ethical. Brain hacking starts from the moment you sign consent contracts and access is given. Developers, and innovators will extract value time and time again as the technology improves.

Needless to say, most people, even those who live very simple and average lives, would not want their internal monologues placed on the open market for those who have the capability to use it, it used against them; in forms of blackmail. Imagine, a secret, or a piece of information you don’t want someone to know. Now, imagine that person being able to buy it, sell it, or even share it. In the wrong hands, with the right capabilities, your brain data is priceless.

Would you give your medical records away to someone you didn’t know? Giving away brain data, via non-medical neurowearables, is exactly the same as divulging medical records, apart from, it is not classed as such.

Parts of our minds should not be shared. Those, elements, of our minds that hold biases drawn from others, or from past mistakes. We all make mistakes, we do not wish others to know, and inferences not to draw from general brain data without depth of understanding.

We all have habits others will not like or find difficult to understand, that we are reluctant to share. As the capability of capturing and simulating brain data improves, so too, will the ability to decode more, and more of our habits, that you might not wish to be shared.

How is brain data (memories)?

Short answer: If it is not a present thought then; it is a memory.

The oxford dictionary states:

Memory is: the sum total of everything retained within the mind.

Data is: a series of observations, measures, or facts; information.

Neurons firing as groups, or collectives light up when they discharge energy. It has been observed that groups of neurons fire in a collective, or every time when the same stimuli applied. The neurons, fire in grouping unique to each person, but can be identified in roughly the same grouped areas, known as yeo grouping. The yeo grouping starts at 7, and keeps sub-dividing. Single neurons have been observed firing. It has not been fully understood what exactly each neuron does, and sometimes they seem to randomly fire and supply a possible false readings, to previous outcomes. It is believed, no single neuron controls all elements of an activity. All activities must fire in sequence, or as a rhythm, or as a remembered pattern, or habit.

Measurements from the firing of activity are collected in neurotechnological devices and in neurowearables, known as neuroimaging. The mind is mapped, and the same images viewed over the course of time, revisited again, will allow more understanding from the same picture. Think of it like looking at art work or a movie; you see the image or film and get the gist. But, when observed for more time, more detail appears, as your brain already has the facts of its previous capable total from the last visit, it now sees new detail unavailable previously.

Why does it matter about the data neurowearables collect, will it not be aggregated and anonymised?

The short answer: it is thought that around 50% of brain data is and will always be completely unique to you. Meaning, when greater capabilities such as quantum computers come along, aggregated data may be able to be decoded to greater depth than before. Meaning, what was once safe is no longer.

Your data may actually never be de-anonymized in the future, and may be simulated as is currently done with Facebook (meta) data, who create replica profiles of you. In the future, ethical neurotechnology innovation will de-anonymize and stimulate brain data to a point of unrecognisable information, protecting the person, and cutting out all special category data types by way of overwriting the data. Potentially it will be kept on device, and in closed loop data feeds.

Third parties will then try to give weighted potentials against the possibilities of what the overwritten information could be, or could have been. Then class this weighted outcome as precise or “real”. With the potential to rewrite into the brain by the same process, or overwrite the activity with false positives or negatives. Making the data unusable or potentially inadmissible if used for such things as; workplace moderating/monitoring, or used in interrogation, or crime analysis, P300 MEMER, Event Related Potentials (ERP).

Nevertheless, current laws do not require this process for neurowearables and third parties could decode your data, simulate it, then aggregate it, then target specific groups which it has been aggregated with. To avoid identifying people under the GDPR, avoiding the regulations completely, but targeting a group as one entity, as is done with current marketing methods.

Additionally, if you wear a neurowearable device and it gives the wrong information and needs correcting, the information will need to be de-anonymised to be rectified. Meaning, brain data (memories) become personal information. Current laws for neurowearables treat brian data (memories) as only such, personal information, not medical or any other special category data type even though your brain data once de-anonymised could potentially identify 8 of the 9 special category data types, which are: 1. Racial or ethnic origin, 2. Political opinions, 3. Religious or philosophical beliefs, 4. Trade union membership, 5. Genetic data, 6. Health, 7. Sex life, 8. Sexual orientation.

The hope is that brain data does remain completely unidentifiable. But, as can be seen you have to either allow access to all data points via explicit consent, or remain grouped with others which could be an issue when looking at individuals for personal characteristics, or unique identifiers for; monitoring, health, work or social activity.

How do neurowearables collect data?

Short answer: Using various techniques that collect and measure information not inferred from non-neural data (heart rate, sweat, etc), by sensors that are on or close to the body.

There are a staggering number of wearable devices that collect biometric data or non-neural information already. The devices will adopt an additional sensor with the capability of recovering perplexing general brain information that could be mis-read or misunderstood with current technological capabilities. When advances are made readability of brain data (memories), and the ability to understand what was confusing, missing or de-anonymised before will become clearer.

The most popular neurowearable techniques are ones which record the brain's activity by way of listening or measuring to either; signals from the firing of neuros in the brain or by analysing the blood, either the flow or oxygenation levels (BOLD response).

The whole thing scares me, and I don’t understand, won’t I be protected by the current laws?

Short answer: The situation is scary. Being worried is natural when you do not understand something and the situation can be confusing when in the dark. Educating yourself is the key. As with a torch at night when daylight comes you no longer need it.

Yes and no. Yes, you will be protected to some degree with some areas of law. Medical Devices Regulations 2002 (UK MDR 2002), Product Security and Telecommunications Infrastructure Act 2022 (PSTI Act), General Product Safety Regulations 2005 (GPSR), The Consumer Rights Act 2015, General Data Protection Regulation (GDPR). No, there is not enough regulation or clear definitions when it comes to a device that collects medical grade data that isn’t classed as medical information.

The situation is one of change and many years ago, people would not have known what a mobile phone was, some still do not. This technology is set in the future to replace mobile phones. At the ascent to the revolution mistakes for silly use, or stupid use, E.G. moving a character left or right in game, or using it to move a cursor, or using a VR headset within working environments without it being in your contract of employment, and it not explicitly mentioning collecting brain activity or who the data is shared with, while being monitored for generalist data points such as; happy or sad, engaged, or not engaged and central, peripheral or unrelated tasks is not how the technology could improve the lives of millions. Until clear regulations are installed it is advised to educate yourself to make informed decisions about what is best for you. Your dependence on others is a stem of not understanding or to supply a requirement to others needs by your innocents and vulnerability. Control can come from wisdom and avoidance of forced quick responses. This is the opportunity for you to take control.