Empowerment or behavioral regulation? governing brain–computer interface privacy risks under new quality productive forces

As a representative of new quality productive forces, brain–computer interface (BCI) technology raises high expectations but also acute concerns about brain‑privacy protection. Brain privacy has both personal and social attributes; its protection therefore implicates individual interests and technological development. We argue that privacy rights under the empowerment model cannot fully protect brain privacy. Even creating a new brain‑privacy right would invite weak protection and insufficient incentives for brain‑data supply. By contrast, a behavioral‑regulation model better reflects the multi‑interest, non‑exclusive nature of brain privacy and balances risk control with innovation. We propose: (a) applying the principles of lawfulness, legitimacy, necessity and good‑faith to all brain‑privacy processing; (b) establishing a compliance filing‑review mechanism for BCI privacy policies; and (c) implementing a “pre-market regulatory sandbox + post‑market tracking” regime to manage product risks. Together, these measures can properly establish a behavioral‑regulation model for brain‑privacy protection.

Authors

Institutions

Publication Details

Journal
Humanities and Social Sciences Communications
Published
2026-05-27
DOI
https://doi.org/10.1057/s41599-026-07601-5
Primary Topic
Privacy, Security, and Data Protection
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Empowerment or behavioral regulation? governing brain–computer interface privacy risks under new quality productive forces

Shenggang Yang, Yuan Feng
Humanities and Social Sciences Communications
Privacy, Security, and Data Protection
article

Empowerment or behavioral regulation? governing brain–computer interface privacy risks under new quality productive forces

Shenggang Yang, Yuan Feng
article en

Abstract

As a representative of new quality productive forces, brain–computer interface (BCI) technology raises high expectations but also acute concerns about brain‑privacy protection. Brain privacy has both personal and social attributes; its protection therefore implicates individual interests and technological development. We argue that privacy rights under the empowerment model cannot fully protect brain privacy. Even creating a new brain‑privacy right would invite weak protection and insufficient incentives for brain‑data supply. By contrast, a behavioral‑regulation model better reflects the multi‑interest, non‑exclusive nature of brain privacy and balances risk control with innovation. We propose: (a) applying the principles of lawfulness, legitimacy, necessity and good‑faith to all brain‑privacy processing; (b) establishing a compliance filing‑review mechanism for BCI privacy policies; and (c) implementing a “pre-market regulatory sandbox + post‑market tracking” regime to manage product risks. Together, these measures can properly establish a behavioral‑regulation model for brain‑privacy protection.

Humanities and Social Sciences Communications
Ocean University of China (CN), Southeast University (CN)
Decent work and economic growth
Openalex Percentile: Top 3%
Privacy, Security, and Data Protection
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.