“The right to mental privacy must be treated as sacred as the right to free speech.” - Nita Farahany, author of The Battle for Your Brain*
The erosion of digital consent
India’s long wait for a robust data protection law highlights how quickly technology has outpaced regulation. Traditional notice-and-consent mechanisms, once seen as adequate, have lost meaning in the age of Big Data, where users can no longer grasp how or why their information is being used.
AI and the rise of neuro-surveillance
Artificial intelligence has deepened these challenges. Powerful AI systems gather insights not just from our behavior but, increasingly, from our minds. EEG headsets and brain-monitoring tools are already being used in workplaces and consumer settings, moving the idea of neural surveillance from science fiction into daily reality.
The global spread of neural tracking
From factory floors in China to wellness centers worldwide, wearable neuro-tech is gaining traction. Companies market these tools as productivity boosters and wellness aids, yet they blur the line between voluntary participation and invasive monitoring. Neural data, the most intimate form of personal information, risks becoming a new commodity.
Defending cognitive liberty
Nations like Chile have recognized these dangers by enshrining “neurorights” in their constitutions. The United States has also proposed regulations to protect mental privacy. What’s truly at stake, experts argue, is our cognitive liberty, the right to think freely without technological intrusion or manipulation.
India’s urgent need for neuro-data protection
As India prepares its digital data protection framework, it must include mental data within its scope. Brain-derived information should be treated as fundamental to human autonomy, ensuring no AI system can encroach upon thought, belief, or emotion without consent.

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