ICO Concerns Over the Development of Neurotech

The Information Commissioner’s Office (ICO) in the UK has expressed concerns over the dangers of discrimination in new and emerging brain-computer technologies. The regulator predicts that neurotech will become more widespread over the next decade. As a result, the ICO is warning that there is a ‘real danger’ of technology that monitors neuro data and could be biased if vulnerable groups are not considered when it is developed.

Neurotech is already in use in the healthcare sector to predict, diagnose, and treat complex physical and mental illnesses, although under strict regulations. But development of the technology is branching out into areas such as sports, personal wellbeing and even marketing. Therefore there is a danger that discriminatory tendencies could seep in if the technology is not developed or tested on a wide enough range of people. This in turn can lead to inaccurate data.

What Is Neurotech?

Neurotech is a technology that can be used to read signals from the human brain either through a direct connection to the nervous system or via scanning equipment. The technology utilises technical components such as electrodes, smart prosthesis and computers as well as other methods and instruments to ‘read’ and interact with the brain. In addition to these, there are also electrodes that can be used to stimulate the brain as a way of alleviating the symptoms of certain brain diseases.

There are two main areas of neurotech electrodes, ’’non-invasive’’ where electrodes are placed on a patient's head and ‘’invasive’’ which involves implants that are placed directly on brain tissue. Invasive neurotech provides more specific and precise information and as such, researchers are now looking at how to develop such implants for practical everyday uses.

What Are the ICO’s Concerns Surrounding Neurotech?

The ICO’s concerns stem from the way that new technology is often developed. The regulator is calling for neurotech developers to trial and asses their technology on a wide range of people so they can get more accurate and reliable data. What the ICO is calling for is any new technologies, especially ones as crucial to society as neurotechnology and AI, to be as inclusive as possible. This is because they will be used by a cross-section of society when released to the general public.

Of particular concern to the ICO are neurodivergent people whom the regulator feels may be underrepresented in clinical trials such as those with ADHD, Autism, Dyspraxia, and Dyslexia. This can become a risk if they were to use products that have not been trained on a wide range of nueronormative patterns. Neurotech in the workplace could also contain bias that could result in unfair treatment. As an example, the tech could deem certain neuro patterns as undesirable and so hold back the career prospects of certain employees.

Should We Be Worried About Neurotech?

As something we may have only seen in the movies thus far, Neurotech can seem a bit intimidating or invasive. However, we may soon be using neurotechnology in our day-to-day lives in the not too distant future if current development continues at pace. We have already seen it with Elon Musk and his “Neuralink” brain-computer interface, and there are many more devices and applications of this technology in development.

The ICO, among other organisations, are urging for more ethical ways of developing new technologies. The regulator aims to address areas of concern through engagement with those in academia, civil society, regulation, and the tech industry itself and is also working on a framework for artificial intelligence regulation. 

How Can Gerrish Legal Help?

Gerrish Legal is a dynamic digital law firm. We pride ourselves on giving high-quality and expert legal advice to our valued clients. We specialise in many aspects of digital law such as GDPR, data privacy, digital and technology law, commercial law, and intellectual property. 

We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements. 

We are here to help you, get in contact with us today for more information.