Functional Neuroimaging Information: A Case for Neuro Exceptionalism?

76 Pages Posted: 20 Aug 2010 Last revised: 21 Aug 2010

See all articles by Stacey A. Tovino

Stacey A. Tovino

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: August 1, 2006

Abstract

Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade's most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including schizophrenia, addiction, racial evaluation, deception, cooperation, and sexual preferences. Now poised to move outside the research context, functional neuroimaging raises a number of confidentiality, privacy, and identity issues. In this Article, I examine whether special, or heightened, confidentiality, privacy, and informed consent provisions are needed to respond to developments in functional neuroimaging. En route to arguing that advances in fMRI renew the call for broad-based privacy protections in the employment and insurance contexts and require an expanded notion of informed consent, I address the proper roles and responsibilities of scientists, physicians, lawyers, and ethicists in the public and neuroethics arenas

Keywords: Neuroethics, neuroscience, confidentiality, privacy, identity, functional neuroimaging, fMRI

Suggested Citation

Tovino, Stacey Ann, Functional Neuroimaging Information: A Case for Neuro Exceptionalism? (August 1, 2006). Florida State University Law Review, Vol. 34, p. 415, 2006. Available at SSRN: https://ssrn.com/abstract=922391 or http://dx.doi.org/10.2139/ssrn.922391

Stacey Ann Tovino (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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