The Future of Mental Privacy with Kristen Mathews

How long can we tow the line on our thoughts being accessed by new technology?

In the latest episode of Privacy in Practice, hosts Kellie du Preez and Danie Strachan welcome Kristen Mathews, Partner at Cooley's Cyber Data Privacy Practice Group to explore the evolving landscape of mental privacy—its challenges, opportunities, and the critical questions shaping its future.

Together, they:
Examine how businesses collect and use personal information beyond their core services
Explore how emerging technologies can collect and interpret brain activity
Investigate the unique challenges of protecting neural data and whether traditional privacy laws are enough
Reflect on the role of AI in processing neural data and the intersection with emerging regulations like the EU AI Act
Consider the potential for industry self-regulation in the neurotech space
Highlight the positive applications of neurotech, from medical uses like seizure prediction to mental wellness applications
Emphasize the importance of privacy-conscious implementation

Kristen Mathews is a partner in Cooley's Cyber Data Privacy Practice Group and a pioneering voice in the emerging field of mental privacy and neurotech regulation. With a career spanning multiple decades in privacy law, she has been at the forefront of numerous privacy developments, including early data breach responses, online behavioral advertising implementation, and biometric data protection. Her current focus on mental privacy and neurotech regulation demonstrates her commitment to addressing tomorrow's privacy challenges today. Her practical approach to balancing innovation with privacy protection makes her a valuable voice for privacy professionals navigating emerging technologies and their associated regulatory challenges.

Chapters:
[00:00] Intro
[01:55] Getting Into Privacy Law
[03:19] Understanding Data Privacy in Totality & Apps That Got it Right
[09:41] Defining the Boundaries of Transparency
[16:21] The Conundrum of Wearable Devices & Mental Privacy
[20:57] Neuro Privacy Rights: The Laws & Loopholes
[28:28] Neuro Data Processing & Self-Regulation
[33:00] Closing Thoughts