The regulator has predicted that the data that comes from neurotech — technology which has been developed to interface with the nervous system, such as to monitor or modulate the brain — will become widespread over the next ten years.

However, the ICO suggests that if these emerging neurotechnologies aren’t appropriately trialled, developed, and tested on a wide range of people, there’s a risk that inherent bias and inaccurate data could become embedded in neurotech.

If the tech isn’t trialled and assessed on a variety of people to ensure that data collection remains accurate and reliable, the inaccurate data could negatively impact people and communities — with neurodivergent people potentially being at particular risk if the tech has been trained on neuro-normative patterns, the ICO have said.

Further, the ICO said that neurotech use in the workplace could lead to unfair treatment. For instance, specific neuropatterns and information could be seen by employers as undesirable, thereby potentially causing people with such neuropatterns to be overlooked for promotions and employment opportunities.

In a bid to help developers and users of neurotechnologies, the ICO has mentioned that it is developing specific neurodata guidance in the medium-term. Further, it’s said that it will provide sector-specific case studies to highlight good practice by 2025, among other efforts.

“To many, the idea of neurotechnology conjures up images of science fiction films, but this technology is real and it is developing rapidly,” commented Stephen Almond, the Executive Director of Regulatory Risk at the ICO.

“Neurotechnology collects intimate personal information that people are often not aware of, including emotions and complex behaviour. The consequences could be dire if these technologies are developed or deployed inappropriately.

“We want to see everyone in society benefit from this technology. It’s important for organisations to act now to avoid the real danger of discrimination.”

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As the ICO highlights, neurotechnologies are rapidly emerging, and is already being used in the healthcare sector under strict regulations. It’s also quickly developing for use in a variety of areas including wellbeing, sports, and marketing.

At the end of last year, Precedence Research — the market research and consulting organisation — found that the global neurotechnology market size is expected to be worth around $38.17 billion by 2032, equating to around £30.5b in British pounds.

Simultaneously, as the neurotech’s market size grows, there’s growing international concern over neurotechnologies from ethical and human rights standpoints, such as how the technologies may affect the brain, and how the data stemming from neurotech could be used in dubious ways without strict regulation across different sectors.

In the UNESCO’s recently-published paper, The Risks and Challenges of Neurotechnologies for Human Rights, the authors suggested that “we need to assess how far current human rights frameworks are equipped to protect neural rights, or whether there is a need for a new set of neuro-specific human rights, such as the right to cognitive liberty, mental privacy, mental integrity and psychological continuity.”