What do we need to protect?

Concerns about privacy and, in particular, mental privacy arose significantly with neurotechnologies, given their direct access to neural data and the assumption that meaningful information about an individual’s mental state could be derived from that data. In reality, however, equally sensitive mental state or health status inferences can also be derived from other forms of biometric and physiological data, though with varying degrees of accuracy and specificity, for example:

• Heart-rate variability can indicate stress and emotional states.
• Eye-tracking reveals attention and cognitive load and can be correlated with personality traits.
• Electromyography (EMG) sensors can expose subtle gestures or intentions for simple movements.

Major technology companies are already converging multiple sensors into powerful platforms. Meta’s AI glasses with neural band use EMG; Apple’s Vision Pro integrates eye-tracking with biometric sensors; and Apple has patented electroencephalography (EEG)-enabled AirPods. Powered by AI, these technologies increasingly blur the line between neural and non-neural data, while mapping our mental and health states.

This raises a fundamental question for policymakers: What exactly do we need to protect, rather than what do we want to regulate?

The regulatory challenge is dual: to safeguard human dignity through protections for privacy, identity and autonomy, while enabling innovation that can improve lives. History shows this balance is difficult, but essential. Too narrow a focus (for example, regulating only neural data) risks stifling innovation, while leaving loopholes for protection. Too permissive an approach exposes citizens to the risk of manipulation, surveillance and erosion of privacy.

In this light, the ultimate task for regulators is clear: to protect individuals and communities from inferences about their mental and health states — regardless of the data source — that could undermine their rights, dignity or opportunities, while preserving the incentives needed for safe and ethical innovations.

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