Mental State Classification Using EEG Signals: Ethics, Law and Challenges

The widespread adoption of Artificial Intelligence (AI) in various domains has sparked concerns regarding privacy, security, transparency, fairness, reliability, and ethics. The General Data Protection Regulation (GDPR), implemented in 2018, has established crucial guidelines for data privacy and protection. Meanwhile, the AI Act, passed by the European Parliament in 2023, has been proposed to address the risks of specific uses of AI. However, the implications of these regulations for AI models, particularly in the context of mental state classification tasks, remain uncertain due to the inherent black-box nature of certain models. This paper delves into the specific challenges and risks associated with the development of EEG- (Electroencephalography) and AI-based systems for mental state classification, taking into account the principles outlined by the GDPR and the AI Act. This research sheds light on the challenges and responsibilities entailed in developing AI models for mental state classification while ensuring compliance with GDPR guidelines as well as the AI Act. It underscores the importance of adopting ethical and privacy-aware approaches within this critical domain and promotes the development of techniques that strike a balance between AI advancements and the protection of individual privacy.