Book contents
- A Datafied Mind
- A Datafied Mind
- Copyright page
- Epigraph
- Contents
- Abbreviations
- Introduction
- 1 Setting the Scene
- 2 The Classification of Mind Data under the GDPR
- 3 The New Regulatory Approach under the AIA
- 4 Use Case 1: Mental Health and Well-Being
- 5 Use Case 2: Commercial Advertising
- 6 Use Case 3: Political Advertising
- 7 Use Case 4: Employment Monitoring
- Concluding Remarks
- Bibliography
- Index
5 - Use Case 2: Commercial Advertising
May Commercial Companies Use Mind Data for Targeted Advertising?
Published online by Cambridge University Press: 27 September 2025
Book contents
- A Datafied Mind
- A Datafied Mind
- Copyright page
- Epigraph
- Contents
- Abbreviations
- Introduction
- 1 Setting the Scene
- 2 The Classification of Mind Data under the GDPR
- 3 The New Regulatory Approach under the AIA
- 4 Use Case 1: Mental Health and Well-Being
- 5 Use Case 2: Commercial Advertising
- 6 Use Case 3: Political Advertising
- 7 Use Case 4: Employment Monitoring
- Concluding Remarks
- Bibliography
- Index
Summary
Use Case 2 in Chapter 5 examines the regulation of MDTs in the context of commercial advertising under the General Data Protection Regulation (GDPR), the Unfair Commercial Practices Directive (UCPD), and the Audiovisual Media Services Directive (AVSMD). An analysis under the Digital Services Act (DSA) and the Artificial Intelligence Act (AIA) will follow in Chapter 6, alongside a use case focused on political advertising. In the realm of commercial advertising, MDTs intensify long-standing concerns from consumer perspectives. The UCPD serves as a crucial reference point for related laws. Including the processing and inference of mind data in the blacklist outlined in Annex I of the UCPD would have significant implications, akin to the proposed introduction of a sui generis special category of mind data within the GDPR. Importantly, a blanket ban on the processing and inference of mind data for commercial practices under Annex I UCPD would automatically prohibit these practices under the DSA.
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- A Datafied MindUntangling EU Regulation of Emotion Technology and Neurotechnology, pp. 89 - 118Publisher: Cambridge University PressPrint publication year: 2025
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