Dissertation Katia Muhl

Introduction

Books have long been acknowledged as transformative tools, capable of shaping our worldviews, expanding our knowledge, and inspiring personal growth. Every reader can likely point to specific books that have had a significant impact on their life, whether by challenging their beliefs, introducing new ideas, or providing comfort and guidance during difficult times. These influential books often become touchstones we return to throughout our lives, continually drawing new insights and inspiration from their pages.

I am convinced that a book containing the answer one is searching for will likely come forth once a truly important or even existential question is raised. This was also the case for me in my academic research. When selecting the topic for my doctoral dissertation, I was searching for a subject that resonates with me, relates to significant ethical concerns, involves emerging technology, and aligns with my professional experience. By coincidence, I came across two inspiring books written by two remarkable female scholars.

The first one was Shoshana Zuboff's book, "The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power" (Zuboff, 2019), which explores how major tech companies manipulate personal data to influence behaviour and generate profit based on “targeting individuals on the basis of how they will behave, purchase and think: now, soon and later” (p. 279). Zuboff argues that this form of capitalism represents a new economic system where surveillance is a fundamental component. In this book, Zuboff admits that we were not prepared for this tech revolution and traded our personal data for comfort. As a result, we have been thrust into a world of unprecedented surveillance without the tools to navigate its complexities. As a response to this surveillance capitalism, she introduces the “right to the future tense, which is the right to act free of the influence of illegitimate forces that operate our awareness to influence, modify, and condition our behaviour” (Zuboff, 2019, p. 194). At that point, I began exploring this ethical imperative for emerging technologies that could have a
revolutionary and disruptive influence on society, particularly focusing on the emotional interpretation capabilities of AI and Big Data.

Then, I stumbled upon a new book that intrigued me, inspiring my research and ultimately shaped the content of this thesis: Nita Farahany’s “The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology” (Farahany, 2023).

Nita Farahany refers to Shoshana Zuboff’s concept of surveillance capitalism. According to Farahany, “our personal data had already been widely commodified and our ability to claw it back largely gone” and supposes that “with neurotechnology, it’s not too late to protect against the same fate for our brains”. ((Farahany, 2023, p. 211). She asserts that we are at a pivotal moment where the boundaries of our cognitive freedoms are being tested, and it is essential to establish robust protections against the encroachment of external influences on our mental processes. In her book, she argues for a proactive approach to safeguarding the "right to cognitive liberty," which includes the freedom to think and feel without external interference. This concept resonates deeply with Zuboff’s idea of the “right to the future tense,” as both advocate for individual autonomy in the face of technological advancements that seek to surveil and influence our inner lives.

The intersection of Zuboff’s and Farahany’s arguments highlights a growing need for deliberation on how to govern the deployment of emerging technologies. As I reflected on these insights, I realised that the ethical imperative involves not only resisting surveillance but also actively defending our cognitive rights. This necessity for ethical vigilance is especially critical as AI and Big Data continue to evolve, increasing emotional interpretation capabilities and potentially reshaping human interactions and societal norms.

As I delved further into this research, I was particularly interested in exploring how these ethical frameworks can be operationalized in policy and practice. How can we ensure that emerging technologies enhance human dignity and freedom rather than undermine them? The exploration of these questions will not only inform my thesis but also contribute to a broader dialogue on the responsible use of technology in an increasingly complex world. In this context, Farahany’s work serves as a crucial touchstone for understanding the issues at stake in the battle for our cognitive rights, compelling me to examine the implications of neurotechnologies for individual agency and societal well-being.

My thesis title, “Neurorights and Neurosurveillance in the Workplace: Ethical, Legal and Regulatory Challenges”, intends to convey all these issues and concerns. This thesis focuses specifically on neurosurveillance in the workplace. As neurotechnology becomes more sophisticated and accessible, employers can increasingly monitor not just employees' physical actions and digital activities but also their brain activity, cognitive abilities and mental states for purposes such as ensuring safety, assessing performance, and managing productivity. The introduction of these new surveillance measures raises worries about upholding employees' dignity, maintaining a harmonious employer-employee relationship, and infringing on autonomy and privacy. This thesis aims to address neurosurveillance in the workplace by considering ethical concerns and regulatory measures at both the international and European Union levels.