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In the Introduction, the key considerations, scope, and structure of the book are outlined. The chapter sets the stage for a comprehensive exploration of Mind Datafying Technologies (MDTs) and their regulatory landscape. The primary themes and objectives are introduced, providing readers with an understanding of what to expect in the subsequent chapters.
The analysis of MDT regulation across specific use cases – particularly in mental health and well-being, commercial advertising, political advertising, and employment monitoring – suggests that MDTs, especially neurotechnologies, do not necessarily present entirely new legal questions or phenomena. Rather, they occasionally highlight existing deficiencies and weaknesses that have long been recognised, albeit sometimes exacerbating their effects. By strategically adapting and utilising existing laws and legal instruments, substantial improvements can be made to the legal framework governing MDTs. In some cases, stricter regulations are urgently needed, while in others, compliance and enforcement present significant challenges. Although recent legislation has created important opportunities to address these shortcomings, a political consensus has yet to be reached on all necessary aspects. Throughout the book, alternative approaches and adaptations de lege ferenda within both established and newly adopted laws have been proposed as sources of inspiration. The concluding remarks reiterate key legislative adaptations.
Chapter 1 lays the groundwork for the subsequent legal analysis. Following the fundamentals, the chapter highlights ongoing global policy discussions and initial regulatory efforts, with particular emphasis on the latest developments within international organisations such as UNESCO, the OECD, the Council of Europe, and the EU. It also addresses relevant legal scholarship, ensuring a comprehensive understanding of the evolving regulatory debate surrounding these technologies.
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