Thread by @MarcelloIenca

New OA paper out in @J_Law_Biosci co-authored with @JcMalgieri: "#Mental data protection and the #GDPR".
We discuss what #privacy and #DataProtection regime is needed for data about a person's mental states. 1/6
academic.oup.com/jlb/article/9/…

In this article, we introduce the notion of ‘mental data’, defined as any data that can be organized and processed to make inferences about the mental states of a person, including their #cognitive, #affective and #conative states 2/6

We review the range of technologies (e.g. #BCIs, affective computing systems, & digital behavioral tech) that enable increasingly reliable statistical associations between certain data patterns & mental activities such as memories, intentions, & emotions. 3/6

Further, we analyze existing legal protections for #MentalData by considering the lawfulness of their processing in light of different legal bases and purposes, with special focus on the EU #GDPR. 4/6

We argue that the #GDPR is an adequate tool to mitigate risks related to mental data processing. However, we recommend that interpreters focus on processing characteristics (what inferences can be drawn from the data), rather than merely on the category of data at issue. 5/6

Finally, we call for a ‘Mental Data Protection Impact Assessment’, a specific data protection impact assessment designed to better assess and mitigate the risks to fundamental #rights and #freedoms associated with the processing of mental data. 6/6