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Brain-computer interfaces ("BCI"), which interpret brain impulses and translate them into real world outputs, currently exist in a variety of forms. With the continued development of BCIs and their increasing complexity, privacy issues will arise in regards to the data that they collect. Existing federal statutes, such as HIPAA, as well as state data privacy statutes offer some protection to BCI users, but it remains to be seen whether these laws will be sufficient to accommodate the amount and sensitivity of the data likely to be generated by future BCIs. Lastly, this article explores the possibility of admitting data generated from BCIs as evidence in courtrooms, with consideration given to how much intrusion on mental privacy is constitutionally acceptable.


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29 Nov 2022
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  • Subject
    • Privacy Law

    • Science and Technology Law

  • Journal title
    • Boston College Intellectual Property and Technology Forum

  • Volume
    • 2018

  • Pagination
    • 1-12

  • Date submitted

    29 November 2022

  • Related URL