Brain data means recorded measurements of brain activity. It is captured by neurotechnology and then analyzed with AI, and while it is not thought itself, it can enable inference about a person’s mental states and traits.
Because it can reveal mental states, traits, preferences, or intentions, brain data is among the most sensitive types of data and a form of biometric data. It requires explicit consent, clear limits on purpose, and robust security. Unchecked collection or analysis threatens mental privacy and freedom of thought, and risks discrimination if predictions are used to judge or control people. Ethically, nonconsensual or coercive uses are wrong and should be prohibited in high-risk settings, and governance should favor data minimization, local processing, and transparent oversight with meaningful remedies when harms occur.
For further study, see Nita A. Farahany, The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology (St. Martin’s Press 2023).
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