Enclosed is a link to the Neuro Rights related news letter with some of the recent developments in efforts to bring “Neuro data” under suitable regulation.
Protection of “Neural Data” to protect “Privacy” is an ongoing discussion and under the leadership of Professor Rafael Yuste of Columbia University some seminal work is being undertaken in Spain and USA.
While a separate legislation to define “Neural Data”, “Rights related to external access of neural Data”, “Obligations to protect neural Rights”, “Punishments and deterrents” for non compliance can be part of a new regulation in due course, at present we can try to interpret ITA 2000 and DPDPA 2023 to include “Neural Data” as “Electronic Data”.
Since in India, the Supreme Court has a right to interpret the Constitution, it is possible to interpret that “Neural Data” which is in the nature of a “Binary” data created out of a “Chemical changes” within the neuro cells, can also be considered as “Data” for the purpose of ITA 2000.
ITA 2000 defines the term “Data” under Section 2(o) as follows:
“Data” means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network. ,.and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;
Harnessing of Neural Data through either a Brain-computer interface or through manipulation of sensory inputs to the brain and then organizing individual neuro signals (zero or One) into a pattern that gets stored and can be accessed subsequently is nothing different from the activity of a “Computer” as we know. The laws created for the Computer can therefore be applied backward to the human brain which behaves like a computer.
In case we accept this theory of “Reverse Definition of Neural Data”, we will be creating a Neuro Rights law in India even before a more detailed law can be developed.
Naavi
