Evidence map›Paper›PMID 35186162›Full record

ArticleNeuroethics2021

Forensic Brain-Reading and Mental Privacy in European Human Rights Law: Foundations and Challenges.

Sjors Ligthart, Thomas Douglas, Christoph Bublitz, Tijs Kooijmans, Gerben Meynen

Abstract read
In one paragraph

Article in Neuroethics, 2021. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Cited by 6 papers.

0numbers the graph read from it
0cells of the map it votes in
6citing papers in PubMed
–field-weighted citation impact
1 · What the graph read from it

What it found

Each row is one number read from the abstract, on the scale the paper reported it, with its interval. Left of the dashed line favours the treatment, right favours the comparator. Under each row is the sentence it came from. New to these charts? A ten-minute tutorial.

The abstract states no effect estimate the extractor could read, or names no intervention and outcome on the map, so this paper lights no cell and moves no belief. It is still indexed, cited and linked below.

2 · The registry

The trial behind it

Trials whose registry record cites this paper, or whose number appears in the abstract. A trial that started after this paper was published is citing it as background, not reporting it.

Neither the registry nor the abstract names a trial number. If this is a trial report, that itself is worth knowing.

3 · Its place in the literature

Who cites it

6 citing papers in PubMed.

  1. Article
  2. Article
  3. Article
  4. Review
  5. Article
  6. [Cybersecurity of brain-computer interfaces].International cybersecurity law review · 2022
    Article
4 · The record

Corrections and comments

PubMed lists nothing against this paper. Absence here is not a guarantee, only a check that was made.

5 · Who and what money

Authors and funding

5 authors.

Sjors LigthartDepartment of Criminal Law, Tilburg University, Warandelaan 2, 5037AB Tilburg, Netherlands.ORCID https://orcid.org/0000-0001-6458-4058
Thomas DouglasFaculty of Philosophy, Oxford Uehiro Centre for Practical Ethics, University of Oxford, Oxford, UK.
Christoph BublitzFaculty of Law, Universität Hamburg, Rothenbaumchaussee 33, 20148 Hamburg, Germany.
Tijs KooijmansDepartment of Criminal Law, Tilburg University, Warandelaan 2, 5037AB Tilburg, Netherlands.
Gerben MeynenWillem Pompe Institute for Criminal Law and Criminology and UCALL, Utrecht University, Utrecht, Netherlands; Faculty of Humanities, VU University Amsterdam, De Boelelaan 1105, 1081HV Amsterdam, Netherlands.

Funding

Wellcome Trust 100705
6 · The paper itself

Abstract

A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the European legal context, ethicists have called for the recognition of a novel fundamental legal right to mental privacy. In this paper, we explore whether these ethical calls for recognising a novel legal right to mental privacy are necessary in the European context. We argue that a right to mental privacy could be derived from, or at least developed within in the jurisprudence of the European Court of Human Rights, and that introducing an additional fundamental right to protect against (forensic) brain-reading is not necessary. What is required, however, is a specification of the implications of existing rights for particular neurotechnologies and purposes.

Indexed as

Brain-readingCriminal justiceHuman rightsMental privacy

Identifiers

PMID35186162
PMCPMC7612400

What OpenQuestion holds

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LicenceCC BY
Read underepoch 390

Registered trials

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Read under generation 80e0d062 · epoch 390. Bibliography from PubMed, PubMed Central and OpenAlex; grants from NIH RePORTER; trial links from ClinicalTrials.gov; estimates, votes and beliefs from the OpenQuestion graph.