Privacy, neuroimagingand public policy
Dr Ian Brown, OII
Overview Definitions of privacy National security Criminal justice Education and
employment Healthcare and insurance Marketing and persuasion In long-term, what
does neuroimaging normatively change, esp. given behavioural and genetic information?
Definitions of privacy
“the right to be let alone — the most comprehensive of rights and the right most valued by civilized men” (Olmstead v US, Brandeis dissenting 1928)
“This Fundamental Right insofar authorizes each individual to determine on the circulation and the use of his own personal data. A limitation of this Right on ‘Informational Self-Determination’ will only be allowed in the case of prevalent public interest.” (German Constitutional Court 1983)
National security
Surveillance: targeted v mass; 1984 Torture: efficiency v inefficiency, slippery slope,
reciprocity/consistency, long-term damage and dignity
Criminal justice Identification of criminal tendencies
Family situation and childhood behaviour Self-fulfilling prophecies
Self-incrimination False confessions and prisoner abuse Polygraphs and truth serums
Evidential value Accuracy and persuasiveness
Responsibility and culpability Potential for and consequences of recidivism
National DNA Database
Education and employment Selection
Based on some measure of g or specific task performance, correlated with response speed?
Personality profiles (patience, determination, creativity, fearlessness)
Predictive quality and discrimination
Performance measurement Professional autonomy v clocking in, communications
surveillance (Halford v UK)
Disciplinary action Ability to take risks and make mistakes essential to
development of personality Can morality develop without ability to do wrong?
(Brownsword & Yeung 2008)
Healthcare and insurance Earlier diagnoses and improved treatment of
mental illness More specific but definite diagnoses of personality
disorders? Incidental Findings
Notification of untreatable disease Compliance
Compulsory treatment Actuarial discrimination already permitted
Marketing and persuasion “Persuasive” product and marketing design
based on understanding of neural bases of consumer preferences
Subliminal advertising Regulation preceded demonstration of efficacy
Broadcasting regulation “Persuasive nature” of audiovisual content is one
justification for eg German system Manchurian candidates
Politics has driven development of opinion polling
What does neuroimaging change? (Potentially) much greater insight into inner life of
individuals – to a qualitatively different degree to existing behavioural and genetic monitoring technologies?
Sector-specific regulation developing through courts, RECs, healthcare purchasers etc.
Very little cross-sectoral regulation has yet emerged – likely for foreseeable future to come under Data Protection Directive and Charter of Fundamental Rights in EU
Abstract appeals to autonomy and dignity have minimal impact on the political process, although greater influence on constitutional courts
References R Anderson, I Brown, T Dowty, P Inglesant, W
Heath & A Sasse (2009) Database State, Joseph Rowntree Reform Trust
I Brown & D Korff (2004) Privacy and law enforcement, Information Commissioner’s Office
R Brownsword & K Yeung, eds. (2008) Regulating Technologies, Hart
House of Lords Constitution Committee (2009) Surveillance: Citizens and the State, HL Paper 18-1
J Illes, ed. (2006) Neuroethics, OUP