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Huang S, Paul U, Gupta S, Desai K, Guo M, Jung J, Capestany B, Krenzer WD, Stonecipher D, Farahany N. U.S. public perceptions of the sensitivity of brain data. J Law Biosci 2024; 11:lsad032. [PMID: 38259629 PMCID: PMC10800024 DOI: 10.1093/jlb/lsad032] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Track Full Text] [Figures] [Subscribe] [Scholar Register] [Indexed: 01/24/2024]
Abstract
As we approach an era of potentially widespread consumer neurotechnology, scholars and organizations worldwide have started to raise concerns about the data privacy issues these devices will present. Notably absent in these discussions is empirical evidence about how the public perceives that same information. This article presents the results of a nationwide survey on public perceptions of brain data, to inform discussions of law and policy regarding brain data governance. The survey reveals that the public may perceive certain brain data as less sensitive than other 'private' information, like social security numbers, but more sensitive than some 'public' information, like media preferences. The findings also reveal that not all inferences about mental experiences may be perceived as equally sensitive, and perhaps not all data should be treated alike in ethical and policy discussions. An enhanced understanding of public perceptions of brain data could advance the development of ethical and legal norms concerning consumer neurotechnology.
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Affiliation(s)
- Shenyang Huang
- Center for Cognitive Neuroscience, Duke University, Durham, North Carolina, USA
- Duke Initiative for Science & Society, Durham, North Carolina, USA
| | - Umika Paul
- Duke Initiative for Science & Society, Durham, North Carolina, USA
- University of Massachusetts Chan Medical School, Worcester, Massachusetts, USA
| | - Shikhar Gupta
- Duke Initiative for Science & Society, Durham, North Carolina, USA
| | - Karen Desai
- Duke Initiative for Science & Society, Durham, North Carolina, USA
- University of Michigan Medical School, Ann Arbor, Michigan, USA
| | - Melinda Guo
- Duke Initiative for Science & Society, Durham, North Carolina, USA
| | - Jennifer Jung
- University of Massachusetts Chan Medical School, Worcester, Massachusetts, USA
| | | | | | - Dylan Stonecipher
- Duke Initiative for Science & Society, Durham, North Carolina, USA
- Duke University, Durham, North Carolina, USA
| | - Nita Farahany
- Duke Initiative for Science & Society, Durham, North Carolina, USA
- Duke University, Durham, North Carolina, USA
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