Neurodata originates from the monitoring of neural activity in the brain by brain-computer interface(BCI)technology,and has both physiological and psychological dimensions.With regard to the legal nature of neurodata,there are currently two primary approaches:constructing a new type of right based on"neurological exceptionalism",and an expanded interpretation based on the original right.The source of neurodata is not limited to medical field,and does not fully align with the scope of healthcare data.Given its dual characteristics of both biometric and healthcare data,it should not be regulated as general data.In addition,it is difficult to be covered by privacy due to the demand for circulation and utilization in the digital economy.With the characteristics of both personality and property attributes,it is appropriate to recognize neurodata as sensitive personal information alongside biometrics and healthcare,emphasizing the requirement of balancing data utilization and information protection,in order to respond to the emerging opportunities for BCI technology in medical and commercial fields.
brain-computer interfaceneurodataneuro-reductionismprivacysensitive personal information
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万方数据
