Abstract:

The advancement of brain-computer interface (BCI) technology has sparked academic discussions on the protection of brain privacy. Brain privacy exhibits novel characteristics distinct from traditional privacy, including diversity in objects, passive expression, and sensitivity in content, so it is necessary to construct differentiated protection pathways. The objects of brain privacy protection are stratified according to the technological stages, encompassing raw brain signals at the physical layer, basic physiological information at the decoding layer, and high-level cognitive content at the cognitive layer. Each object carries distinct value orientations, requiring a hierarchical protection approach. Raw brain signals at the physical layer and basic physiological information at the decoding layer should be incorporated into the framework of sensitive personal information protection, balancing protection and utilization through enhanced “specific purpose + separate consent” rules and the introduction of anonymized processing certification systems. For high-level cognitive content at the cognitive layer, absolute protection within the realm of privacy rights is essential, which can be ensured through privacy by design principles, technological reinforcement measures, and stringent legal responsibilities.

Key words: brain privacy, BCI technology, brain data, brain information