Concerns

Neurowearable technologyies are here. It is not Science Fiction. It is almost lawless, the data is treated the same as your telephone number, even though it collects memories (brain data).

The technology is no longer going to be for just niche products, if it wasn't time for legislation before it is now.

We will be asked to consent to contracts we do not understand, and how can you, when the law doesn't know what neurotechnology, including neurowearables are and how to protect you.

Changing wording in the contracts, terms and conditions and marketing confuses the consumer. You have to delve deeply into the contracts terms and conditions and marketing to understand if the product is a medical or non-medical device.

The data from neurowearables are classed as personal information ONLY until it is aggregated and then used with federated learning.

The data CAN be re-identified with other personal identifiable information, quasi identifiers, or it becomes aggregated the data grouped, and the group targeted as done in current marketing campaigns.

Neurotechnology will be the way in which we interface with technology and there is no specific regulation to protect us.

It might seem daunting and you may think you don’t need to understand what neurotechnologies are. The technology is set to replace mobile phones, mouse, keyboards in the next 5 years. We needed to learn what neurotechnology is, and how to protect and look after our data.

Below are some issues we need to think about:

• Neurodata = memories
• Privacy: Neurotechnology, Neurodata (memories), All Neurowearables do NOT have a legal definition or legislation, how do we hold those who misuse it accountable.
• Neurodiscrimination: Your brain's data may be used to treat you differently in work, and in all walks of society.
• Autonomy and Agency: You may lose your personal identity, and the machine could force you to be someone you are not.
• Accuracy and Bias: If the AI revolution has taught us anything, it’s we cannot trust everything the machine produces, inaccuracy is part of the machine.
• Security: Protecting sensitive neurodata is paramount. It starts with knowing what neurotechnologies are, and what current laws and soft laws protect you for the time being.

Neurotechnologies are set to be in everything we use

The video below may seem not to be directly relevant, but when it comes to data, organisations use the same systems no matter the datatype. We need to be aware of what people, businesses, and tired parties are really doing with our brain's data (our memories).

• Harvest: collecting, gather, take, whichever word you use your information will be collected.
• Use: capitalise, consume, exhaust, the wording used in privacy policy, terms and conditions, marketing changes the device nature, from medical or non-medical. Your data will be used to the maximum by as many as you allow.
• Decode later: reveal, solve, interpret, the data we will giveaway will be decoded now and in the future.

Dark Patterns / Deceptive Design in consent management platforms- CMP's

Dark Patterns / Deceptive Design in CMP's are used by third party vendors to: Harvest, Use, Decode your memories (brain data) later.

We have consenting issues where we have to consent to contracts due to the necessity (Hobsons choice). We can be easily fooled into signing the CONTRACTS by tricks, nudges, colouring, lay out, known as dark patterns and deceptive design.

• Deceptive designs: Also known as dark patterns are tricks used in all forms of explicit consenting.
• There is law surrounding dark patterns: Many types of deceptive designs are already illegal in the EU.
• Types of deceptive patterns: Comparison prevention, Confirmshaming, Disguised ads, Fake scarcity, Fake social proof, Fake urgency, Forced action, Hard to cancel, Hidden costs, Hidden subscription, Nagging, Obstruction, Preselection, Sneaking, Trick wording, Visual interference.

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