Legal and Ethical Challenges Raised by Advances in Brain-Computer Interface Technology

Abstract

Brain-computer interfaces (BCI) consist of hardware and software that allow humans to control computers with their brain signals alone. Though these technologies are not new, existing approaches to BCI are either very limited in their capabilities or require highly invasive surgery. However, BCI has recently received increased attention due to advances that enable enhanced usability with less invasive approaches. Such advances could radically change the acceptance of the technology and BCI might become commonplace in the coming decades. In this paper, I provide a technology scholar's perspective on how these recent advances in BCI present new legal and ethical considerations. I argue that there are three ways that these advances challenge Canada's existing privacy and data laws. First, the complexity of next-generation BCI approaches may present challenges for Canada's regime for informed consent which may not be adequately addressed by Canada's present legislative landscape. Second, the sensitivity of the personal information collected by advanced BCI technologies could present challenges for Canada's privacy torts, which are built on the assumption of harm caused by intrusion upon seclusion. Finally, the capabilities provided by these technologies present a moral hazard akin to medical enhancements, which warrants consideration by Canada's meritocratic institutions. Taken together, this paper aims to raise awareness and launch discussion about the role that these technologies can play in society as they become more commonly used.

Keywords: Artificial intelligence and data act, Brain computer interface, BCI, EEG, AI, Canada