Is Your Neural Data Part of Your Mind? Exploring the Conceptual Basis of Mental Privacy

It has been argued that neural data (ND) are an especially sensitive kind of personal information that could be used to undermine the control we should have over access to our mental states (i.e. our mental privacy), and therefore need a stronger legal protection than other kinds of personal data. The Morningside Group, a global consortium of interdisciplinary experts advocating for the ethical use of neurotechnology, suggests achieving this by treating legally ND as a body organ (i.e. protecting them through bodily integrity). Although the proposal is currently shaping ND-related policies (most notably, a Neuroprotection Bill of Law being discussed by the Chilean Senate), it is not clear what its conceptual and legal basis is. Treating legally something as something else requires some kind of analogical reasoning, which is not provided by the authors of the proposal. In this paper, I will try to fill this gap by addressing ontological issues related to neurocognitive processes. The substantial differences between ND and body organs or organic tissue cast doubt on the idea that the former should be covered by bodily integrity. Crucially, ND are not constituted by organic material. Nevertheless, I argue that the ND of a subject s are analogous to neurocognitive properties of her brain. I claim that (i) s’ ND are a ‘medium independent’ property that can be characterized as natural semantic personal information about her brain and that (ii) s’ brain not only instantiates this property but also has an exclusive ontological relationship with it: This information constitutes a domain that is unique to her neurocognitive architecture.