The National Consultative Committee on Ethics for Life and Health Sciences (CCNE) and the National Consultative Committee on Digital Ethics (CCNEN) publish a joint opinion devoted to the ethical issues raised by the development of digital neurotechnologies. These devices are based on the exploitation of neural data (1) by digital technologies, in particular artificial intelligence techniques. They make it possible to measure, analyze or modulate the activity of the nervous system, and open up new medical perspectives while raising major ethical questions. Communiqué.
Beyond medical indications, applications are envisaged in the professional, educational or leisure fields, sometimes from a perspective to “increase” performance or improve “well-being”. CCNE and CCNEN emphasize that the expected benefits in these contexts remain uncertain, while the risks for individuals and for society are still insufficiently documented.
Digital neurotechnologies directly affect the brain, the organ that underpins thought, psychological life and a person’s identity. They thus raise essential ethical questions relating to dignity, autonomy, freedom of thought, respect for private life, non-discrimination and fairness. Their potential capacity to
interpreting or directly modifying brain activity calls for particular vigilance regarding the protection of neural data, the sensitive personal nature of which must be fully recognized.
“For certain people with neurological diseases or disabilities, digital neurotechnologies open up real perspectives. This hope must be accompanied by a constant demand for beneficence and non-maleficence. » – Jean-Antoine Girault, neurologist and research director at INSERM, member of the CCNE and co-rapporteur of opinion 150/10
“Potential access to brain activity affects what constitutes the very identity of the person. The protection of extremely sensitive neural data is a priority and must be guaranteed. » – Catherine Tessier, research director at ONERA, member of the CCNEN and co-rapporteur of opinion 150/10
The CCNE and the CCNEN formulate a set of recommendations which call for particular vigilance with regard to the uses of digital neurotechnologies.
They recommend in particular considering neural data as sensitive personal data within the meaning of the GDPR, to ensure explicit and informed consent for their use, to strengthen the safety and cybersecurity requirements of the devices, and to strictly regulate non-medical uses.
The Committees recommend in particular to prohibit the use of invasive neurotechnological devices outside of medical indications, to prevent any use of neural data for discriminatory purposes, particularly in the professional field, and to specifically protect children and adolescents, whose developing nervous system presents a particular vulnerability.
The CCNE and the CCNEN underline the importance of clear, rigorous and accessible information in order to allow the public to understand the issuesscientific, medical, health and societal issues linked to these technologies, whose current capabilities are sometimes overestimated in the public space.
Faced with the rapid pace of scientific and industrial developments, the Committees call for digital neurotechnologies to be included on the agenda of the States General of Bioethics and to consider them in the preparation of the revision of the bioethics law. They also recommend planning a regular reassessment of their supervision, in line with developments in European law, particularly concerning data protection and artificial intelligence.
The CCNE and the CCNEN recall that the development of digital neurotechnologies must respect the fundamental principles of bioethics and digital ethics, in order to guarantee that innovation contributes to medical and scientific progress while preserving the rights, freedoms and integrity of the human person.
Brain-machine interfaces and other digital neurotechnologies: ethical issues – CCNE Opinion 150 and CCNEN Opinion 10.
(1) qualitative and quantitative data regarding the structure, activity and function of the nervous system, collected using neurotechnologies. These are the most direct measurements or observations of states of the nervous system, many of which are correlated with mental states.
