From Neuroprivacy to Privacy Reform: A Qualitative Multi-Method Study Exploring Canadian Expert Perspectives on the Adequacy of Data Protection Regulation for Neurotechnology

Abstract

The rapidly evolving global market for non-invasive neuroimaging technologies has intensified debates over privacy protection. In Canada, it remains unclear whether neurotechnology-derived data requires distinct regulatory measures. Existing scholarship rarely engages data protection experts, despite their practical expertise and role as knowledge users. To address this gap, we conducted a qualitative multi-method participatory study with experts from five Canadian Offices of the Information and Privacy Commissioner. Some participants served as advisors to guide our study design, while others participated in surveys (within jurisdictions) and focus groups (with other jurisdictions). The surveys provided background information on neurotechnology and centred on three hypothetical vignettes. The focus group discussions then expanded on themes from the surveys. Our abductive thematic analysis revealed widespread concern about neural data and support for prompt regulatory action, whether through modernizing existing data protection frameworks or pursuing more substantial reforms. This study adds to the literature by providing concrete insights into debates that have largely remained abstract.