Abstract
ABSTRACT Several emerging technologies afford a specific type of interference with privacy which has not yet been conceptualised: inferring information about mental properties of persons on the basis of physiological or biometric signals, in short: mind probing. This paper conceptualises it, analyses several forms and proposes concrete norms that ban and criminalise it. Facial emotion recognition, neuroimaging, or wearable consumer devices such as smartwatches process biometric data to draw inferences about minds; the prevalence and sophistication of such mind probes will soon increase through AI data analysis. This paper explores how human rights law, the EU General Data Protection Regulation and the EU AI Act address mind probes and shows why the current level of protection appears insufficient. This motivates novel norms banning and criminalising non-consensual biometric-based forms of mind reading, ensuring that at least some parts of the mind remain in principle free from non-consensual mind probing.
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