Armidale: As remote working became standard practice around the world during the COVID pandemic, employee surveillance quickly intensified. Companies began implementing software to electronically monitor Your employees’ web browsing history, emails and webcams – all in the name of ensuring continued productivity. While the worst of the pandemic is now behind us, the intense digital surveillance of workers continues. And it’s set to increase further with the growing popularity of brain-monitoring neurotechnology already in use in mining, finance and other industries.
This technology is Able to measure brain waves and make inferences about a person’s mental state, such as whether they are tired or distracted. The UK Information Commissioner’s Office predicts it will be common in the workplace by the end of the decade. By then, the market for neurotech devices is expected to be worth more than $24 billion.
This raises significant concerns about the privacy of workers in Australia, especially as there are no current legal privacy provisions to protect them. employee data generated of neurotechnology. This is something the Australian government should urgently address as it prepares to introduce a privacy reform bill in federal parliament This month.
Neurotechnology: coming to a brain near you
Neurotechnology has long been used in the medical field. Perhaps the best-known and most successful example is cochlear implants, which can restore hearing.
But neurotechnology is becoming more and more widespread and sophisticated.
Earlier this year, tech billionaire Elon Musk’s firm Neuralink implanted The first human patient with one of his company’s computer brain chips, known as “Telepathy.” These chips are designed to allow people to translate thoughts into actions. More recently, Musk revealed that a second human patient had one of his company’s chips implanted in their brain.
But now there are less invasive and more accessible types of neurotechnology available. These use sensors connected to a head of the person to monitor your brain activity.
Examples include SmartCaps, which measure fatigue in real time to reduce the risk of workplace accidents, and Emotiv headsets that can be used for everything from From play to scientific research.
Apple is also developing the next generation of wireless earbuds capable of monitoring brain waves.
Devices like these are already used in workplaces in sectors such as mining, finance and sports.
Combining neurotechnology with artificial intelligence Artificial intelligence (AI) for data analysis provides employers with even deeper insights into employee behavior in and around the workplace.
Privacy issues
Neurotechnology can have a number of positive effects, such as helping people with disabilities, but it also raises significant privacy concerns, which will increase as more workplaces adopt the technology.
For example, there is a risk brain wave data It could be shared with third parties to personalize ads based on a person’s mood or energy levels. It could also encourage “neurodiscrimination” — when employers make employment decisions, such as whether to fire someone, based on brainwave data that could contain signs of cognitive decline.
These concerns are heightened by a glaring loophole in Australia’s current privacy laws, particularly as they relate to employees.
These laws regulate how companies legally collect and use their employees’ personal information.
However, they currently contain no provisions to protect some of the most personal data of all: the data in our brains.
A way forward
Some international jurisdictions have already recognized the serious privacy risks associated with neurotechnology.
For example, in June, the US state of Colorado passed a law safeguarding the collection of brain data. Under this law, brain data is considered confidential and cannot be used without the consent of the owner.
Chile has also been a pioneer in protecting people’s brain data.
In 2021, parliament passed a new law aimed at protecting the “brain rights” of its citizens. In particular, this law safeguards personal identity, free will, and mental privacy. At the same time, the country also passed a constitutional amendment enshrining “brain rights” in its national document.
These laws were put into practice last year, when Chile’s Supreme Court ordered neurotechnology company Emotiv to erase all brain data collected from a national senator.
As the Australian government prepares to introduce sweeping reforms to privacy legislation this month, it should take note of these international examples and address the serious privacy risks posed by neurotechnology used in the workplace.
In particular, these provisions should cover the collection, processing and use of brain data in the workplace.
The government can also implement other reforms.
For example, it could give the Australian Information Commissioner’s Office greater power to monitor compliance with neurological rights and enforce any breaches. It could also develop appropriate training provisions for employees and employers who wish to use neurotechnology combined with artificial intelligence in the workplace. This would help promote more ethical uses of these emerging technologies.
Without reforms like these, the Australian government risks leaving Australians vulnerable to having their own brain data used against them.
