A Risk Perspective and Protection Approach for the Commercial Applications of Neural Data

The rapid advancement of neurotechnology facilitates large-scale commercialization of neural data, introducing novel risks of privacy breaches and neural discrimination. Tripartite analysis (data/institutional/technical) reveals: the inherent complexity of neural data creates classification dilemmas; informed consent mechanisms become procedural formalities due to technological barriers and scene suppression; and the intrinsic identifiability of neural data renders anonymization techniques ineffective. It is therefore necessary to establish neural data as an independent category under sensitive personal information. Risk prevention principles should be embedded within informed consent frameworks, supported by a continuous information disclosure mechanism and a tiered, categorized model of separate consent. Such a flexible regulatory framework would better align with the evolving characteristics of neurotechnology.