New Research Brief Evaluates the Effectiveness of GDPR in Mitigating Risks Associated with the Distinctive Nature of Neurodata

21 January 2025

Advances in neurotechnology (NT) have driven the growing collection and processing of neurodata – data related to the structure and functioning of the human brain – across various societal domains. The development and use of NTs heavily depend on neurodata to ensure device functionality (e.g., neurofeedback monitors or brain-computer interfaces) and to enhance performance by refining AI algorithms integrated into these devices.

In our new Research Brief, ‘Neurodata: Navigating GDPR and AI Act Compliance in the Context of Neurotechnology’, Timo Istace highlights the delicate balance needed between leveraging neurodata for progress and protecting individual rights. He notes that ‘the indispensability of neurodata to fuelling progress in the sector needs to be balanced against the risks to individual users. Neurodata is a highly sensitive and personal form of data, akin to genetic data. Its combined features – including its informational richness (extending to cognitive processes), predictive potential, and risk of involuntary disclosure – warrant significant scrutiny to preserve individuals’ privacy, particularly mental privacy.’

Timo further explains, ‘Data protection regulations are crucial in addressing these concerns. The sensitive nature of neurodata raises questions around whether current regulatory frameworks offer adequate protection against incursions on mental privacy and the safeguarding of neurodata. While no supranational regulation specifically addresses neurodata, regional instruments like the EU’s General Data Protection Regulation (2018) provide a framework for assessing protection measures.’

This paper evaluates the effectiveness of the GDPR in mitigating risks associated with the distinctive nature of neurodata, with the goal of safeguarding neuroprivacy and mental privacy in the context of emerging NTs. It analyzes the scope and applicability of the GDPR, examines the challenges of ensuring robust protection during the collection, processing, storage, and transfer of neurodata, and considers how the recent EU AI Act might complement or reinforce GDPR safeguards.

MORE ON THIS THEMATIC AREA

neurotech image News

Human Rights Concerns in Neurotechnology Examined in New Research Brief

15 April 2025

Our research brief 'Neurotechnology - Integrating Human Rights in Regulation' examines the human rights challenges posed by the rapid development of neurotechnology.

Read more

neurotech image News

Research Brief Evaluates the Human Rights Implications of Neurotechnology in Therapeutic and Commercial Applications

27 March 2025

Our research brief, Neurotechnology and Human Rights: An Audit of Risks, Regulatory Challenges, and Opportunities, examines the human rights implications of neurotechnology in both therapeutic and commercial applications.

Read more

Enforced Disappearances Event

'Short-term' Enforced Disappearances

23 September 2025, 13:00-14:00

This side event will bring together stakeholders to discuss the growing concerning recurrence to short-term enforced disappearances worldwide, and the challenges they pose for victims and accountability.

Read more

Special Rapporteur Sign Event

Economic, Social and Cultural Rights in an Era of Escalating Armed Conflict: Where Can International Human Rights Law Help?

25 September 2025, 18:30-20:00

This evening dialogue will present the publication: International Human Rights Law: A Treatise, Cambridge University Press (2025).

Read more

A general view of participants during of the 33nd ordinary session of the Human Rights Council. Training

The Universal Periodic Review and the UN Human Rights System: Raising the Bar on Accountability

10-14 November 2025

This training course will explore the origin and evolution of the Universal Periodic Review (UPR) and its functioning in Geneva and will focus on the nature of implementation of the UPR recommendations at the national level.

Read more

Open dump Training

Protecting Human Rights and the Environment

15-19 September 2025

Participants in this training course will gain practical insights into UN human rights mechanisms and their role in environmental protection and learn about how to address the interplay between international human rights and environmental law, and explore environmental litigation paths.

Read more

surveillance image of people Project

Human Rights in a Digitalized World: Mapping Risk, Strengthening Regulation and Promoting the Development of International Human Rights Law

Started in August 2023

To unpack the challenges raised by artificial intelligence, this project will target two emerging and under-researched areas: digital military technologies and neurotechnology.

Read more

View of a session of the UN Human Rights Council Project

Human Rights Conversations

Started in January 2020

A series of events aimed at discussing contemporary issues and challenges related to the promotion and protection of human rights in Geneva and beyond.

Read more

Cover of the 2023 Geneva Academy Annual Report Publication

Annual Report 2024

published on July 2025

Read more