Lawmakers in Latin America are carving out new rights for the human brain in response to advances in neurotechnology that make scanning, analysing and selling mental data ever more possible.
“This is a real foot in the door for future brain jurisprudence,” he told the Thomson Reuters Foundation. Chile is not alone; lawmakers across the region are now weighing similar provisions, from Brazil to Mexico to Uruguay. Emotiv chief comercial officer Kim Old said in emailed comments that the company will “promptly delete Mr Girardi’s account and all associated data”.
Mined brain data has endless potential, be it to better target ads, exploit human moods, sell more stuff or regenerate lost brain function. And last year Emotiv, the company sued in Chile, launched a partnership with French cosmetics giant L’Oreal to optimise scents based on customers’ brain-activity.When it comes to regulating this emerging industry “right now it’s the Wild West”, said Farahany, who has argued for the principal of “cognitive liberty”, a new guarantee of self-determination for brains and mental experiences.
“Brain data is the next battleground for human freedom,” said Girardi. “And I never gave Emotiv permission to use mine in that way.” The company spokesperson added that Emotiv follows the EU’s data privacy regime known as the General Data Protection Regulation as well as local privacy regulations.Lawyer Moises Sanchez, who argued the case in front of the Chilean court, said the ruling would not bar Emotiv from doing all business in Chile.
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