Ethical Aspects of ICT Implants in the Human Body

Ethical Aspects of ICT Ethical Aspects of ICT Implants in the Human Implants in the Human

BodyBodyRafael CapurroRafael Capurro

Distinguished Researcher in Information Ethics, School of Information Distinguished Researcher in Information Ethics, School of Information Studies, University of Wisconsin-Milwaukee, USA Studies, University of Wisconsin-Milwaukee, USA

Conference Conference Neuroscience and European and North American Neuroscience and European and North American Case LawCase Law

Interdepartmental Research Centre ECLSC, University of Pavia, in Interdepartmental Research Centre ECLSC, University of Pavia, in cooperation with the Court of Milan,cooperation with the Court of Milan, Milan, September 17, 2010 Milan, September 17, 2010

Rafael Capurro, ECLSC 10 2

OverviewOverview

IntroductionIntroduction EGE Opinion No 20EGE Opinion No 20 Scientific and technical backgroundScientific and technical background Legal AspectsLegal Aspects Ethical AspectsEthical Aspects ProspectsProspects


IntroductionIntroduction

The European Group on Ethics in The European Group on Ethics in Science and New Technologies to the Science and New Technologies to the European CommissionEuropean Commission



„„The Group is a neutral, independent, The Group is a neutral, independent, pluralist and multidisciplinary body, pluralist and multidisciplinary body, composed of fifteen experts composed of fifteen experts appointed by the Commission for appointed by the Commission for their expertise and personal their expertise and personal qualities.“qualities.“



„„The task of the Group is to examine The task of the Group is to examine ethical questions arising from ethical questions arising from science and new technologies and on science and new technologies and on this basis to issue Opinions to the this basis to issue Opinions to the European Commission in connection European Commission in connection with the preparation and with the preparation and implementation of Community implementation of Community legislation or policies.“legislation or policies.“



„„In order to face the ethical issues that In order to face the ethical issues that are arising with the rapid advances in are arising with the rapid advances in science and technology, the science and technology, the Members represent a broader range Members represent a broader range of professional competences in of professional competences in different disciples such as, inter alia, different disciples such as, inter alia, biology and genetics, medicine, biology and genetics, medicine, pharmacology, agricultural sciences, pharmacology, agricultural sciences, ICT, law, ethics, philosophy, and ICT, law, ethics, philosophy, and theology.“theology.“



„„For every full Opinion to be issued by the For every full Opinion to be issued by the Group, a roundtable is held before the Group, a roundtable is held before the Opinion is adopted, to which Opinion is adopted, to which representatives of the Institutions of the representatives of the Institutions of the European Union, experts of the fields, European Union, experts of the fields, parties representing different interests, parties representing different interests, including NGOs, patients and consumer including NGOs, patients and consumer organisations and industrial stakeholders, organisations and industrial stakeholders, are invited to participate in the debate.“are invited to participate in the debate.“


Opinion No 20Opinion No 20

Ethical aspects of ICT implants in the Ethical aspects of ICT implants in the human body (16 March 2005). human body (16 March 2005).

Opinion produced on the direct initiative of Opinion produced on the direct initiative of the EGEthe EGE

Rapporteurs: Prof. Stefano Rodotà and Prof. Rapporteurs: Prof. Stefano Rodotà and Prof. Rafael CapurroRafael Capurro

http://ec.europa.eu/european_group_ethics/avis/index_en.htm http://ec.europa.eu/european_group_ethics/avis/index_en.htm

Important Notice:Important Notice: This PP presents pictures, videos and links that are This PP presents pictures, videos and links that are NOT part of the EGE Opinion. Please, do not quote the text of the NOT part of the EGE Opinion. Please, do not quote the text of the Opinion from this PP but do it directly from the official text.Opinion from this PP but do it directly from the official text.



„„At first sight ICT implants are At first sight ICT implants are ethically unproblematic if we think ethically unproblematic if we think for instance about cardiac for instance about cardiac pacemakers. However, although ICT pacemakers. However, although ICT implants may be used to repair implants may be used to repair deficient bodily capabilities they can deficient bodily capabilities they can also be misused, particularly if these also be misused, particularly if these devices are accessible via digital devices are accessible via digital networks.“networks.“



„„The idea of letting ICT devices get The idea of letting ICT devices get under our skin in order not just to under our skin in order not just to repair but even to enhance human repair but even to enhance human capabilities gives rise to science capabilities gives rise to science fiction visions with threat and/or fiction visions with threat and/or benefit characteristics.“benefit characteristics.“



„„The intimate relation between The intimate relation between bodily and psychic functions is basic bodily and psychic functions is basic to our personal identity.“to our personal identity.“



„„Consequently the objective of this Consequently the objective of this Opinion is primarily to raise Opinion is primarily to raise awareness and questions concerning awareness and questions concerning the ethical dilemmas created by a the ethical dilemmas created by a range of implants in this rapidly range of implants in this rapidly expanding field.“expanding field.“


Scientific and Technical Scientific and Technical BackgroundBackground

Current Applications and ResearchCurrent Applications and Research Applications: ICT Implants on the marketApplications: ICT Implants on the market

Active medical devices:Active medical devices:


Scientific and Technical BackgroundScientific and Technical Background

Cardiovascular pacersCardiovascular pacers for patients with conduction for patients with conduction disorders or heart failuredisorders or heart failure

Cochlear and brainstem implantsCochlear and brainstem implants for patients with for patients with hearing disordershearing disorders

Implantable programmable drug delivery pumps Implantable programmable drug delivery pumps for for patients with Multiple Sclerosis or Diabetespatients with Multiple Sclerosis or Diabetes

Implantable Neurostimulation DevicesImplantable Neurostimulation Devices Spinal cord stimulation for chronic pain managementSpinal cord stimulation for chronic pain management Sacral nerve stimulation for control of urinary incontinenceSacral nerve stimulation for control of urinary incontinence Vagus nerve stimulation (VNS) for seizure control in epilepsy Vagus nerve stimulation (VNS) for seizure control in epilepsy

and mood control in severe depression casesand mood control in severe depression cases Deap brain stimulation (DBS)Deap brain stimulation (DBS) for patients with for patients with

Parkinson’s disease, for essential tremorParkinson’s disease, for essential tremor Artificial chip-controlled legArtificial chip-controlled leg



Identification and location devices:Identification and location devices: Read-Only: for example allowing to Read-Only: for example allowing to

identify Alzheimer‘s patients or childrenidentify Alzheimer‘s patients or children Read-Write: carrying a set of information Read-Write: carrying a set of information

(such as a person‘s medical history)(such as a person‘s medical history) Devices with tracking capabilities: a Devices with tracking capabilities: a

device that can emit a radio signal device that can emit a radio signal which could be tracked (RFID, VeriChip)which could be tracked (RFID, VeriChip)



Research on ICT Implants:Research on ICT Implants:Medical DevicesMedical Devices BiosensorsBiosensors Artificial HippocampusArtificial Hippocampus Cortical implant for the blindCortical implant for the blind Ocular implant or artificial retinaOcular implant or artificial retina Brain-computer interfaces (BCI)Brain-computer interfaces (BCI)



Surveillance or tracking devicesSurveillance or tracking devices Wearable ICTWearable ICT Subdermal GPSSubdermal GPS

Enhancement or commodity devicesEnhancement or commodity devices Prosthetic cortical implant (intelligence or Prosthetic cortical implant (intelligence or

sensory „amplifiers“)sensory „amplifiers“) Artificial visionArtificial vision Audio tooth implantAudio tooth implant Artificial hippocampus (to enhance memory)Artificial hippocampus (to enhance memory)



Other potential usesOther potential uses Microsoft patent Number 6,754,472 June Microsoft patent Number 6,754,472 June

22, 2004 concerns the human body as a 22, 2004 concerns the human body as a medium for transmission of data (or medium for transmission of data (or energy) to „other devices“ like PDAs, energy) to „other devices“ like PDAs, cellular phones, medical devices, RFID, cellular phones, medical devices, RFID, making possible to localize persons. The making possible to localize persons. The patent does not describe any specific patent does not describe any specific device.device.



„„Smart guns“: weapons that can be fired Smart guns“: weapons that can be fired only if operated by their owner with a only if operated by their owner with a RFID-chip implanted in his or her hand.RFID-chip implanted in his or her hand.


Categorisation of ICT ImplantsCategorisation of ICT Implants

Implantable devices can be categorised as:Implantable devices can be categorised as: medicalmedical non-medicalnon-medical

Both as:Both as: passivepassive activeactive

Reversible or non reversibleReversible or non reversible Stand-alone or onlineStand-alone or online ICT implants and ICT implants and tagstags


Future personal tracking devicesFuture personal tracking devices

Integration and miniaturization of three Integration and miniaturization of three technologies: technologies: www.digitalangel.comwww.digitalangel.com Biosensor: read a person‘s vital signs by Biosensor: read a person‘s vital signs by

touching the skin (implanted into a wristwatch)touching the skin (implanted into a wristwatch) Pager device: takes the data from the biosensor Pager device: takes the data from the biosensor

by using a cellular packet moduleby using a cellular packet module Position location technology: using radio signal Position location technology: using radio signal

to stay in contact with a person‘s pager deviceto stay in contact with a person‘s pager device-> this information is sent through cellular data -> this information is sent through cellular data

packets to a data centre (Digital Angelpackets to a data centre (Digital Angel™)™)-> The first Digital Angel was launched in -> The first Digital Angel was launched in

November 2001November 2001-> Medical emergency purposes-> Medical emergency purposes-> Identification/Location purposes-> Identification/Location purposes


Legal BackgroundLegal Background

General Principles:General Principles: Universal Declaration of Human RightsUniversal Declaration of Human Rights EU Charter of Fundamental Rights of 2000EU Charter of Fundamental Rights of 2000 Convention on Human Rigts and Biomedicine Convention on Human Rigts and Biomedicine

of the Council of Europeof the Council of Europe EU DirectivesEU Directives European ConstitutionEuropean Constitution National ConstitutionsNational Constitutions



Human Dignity: providing that the human Human Dignity: providing that the human body and its parts shall not give rise to body and its parts shall not give rise to financial gainfinancial gain

Human InviolabilityHuman Inviolability Privacy and Data ProtectionPrivacy and Data Protection The Precautionary PrincipleThe Precautionary Principle Data Minimisation, Purpose Specification, Data Minimisation, Purpose Specification,

Proportionality Principle and RelevanceProportionality Principle and Relevance Autonomy and Limits of ICT ImplantsAutonomy and Limits of ICT Implants



„„ICT implants may:ICT implants may: allow individuals to be located on a allow individuals to be located on a

permanent and/or occasional basis;permanent and/or occasional basis; Allow the information contained in Allow the information contained in

electronic devices to be changed electronic devices to be changed remotely without the date subject‘s remotely without the date subject‘s knowledge.“knowledge.“



„„These risks are bound to increase These risks are bound to increase with the adoption of unified technical with the adoption of unified technical standards, which may allow data to standards, which may allow data to be read and modified also by entities be read and modified also by entities other than the data subject and the other than the data subject and the bodies/organizations lawfully bodies/organizations lawfully managing the relevant plant or managing the relevant plant or connection.“connection.“



„„Both circumstances are clearly in Both circumstances are clearly in conflict with data protection rules conflict with data protection rules concerning collection and processing concerning collection and processing of the information.“of the information.“



„„For the legal background, it should For the legal background, it should be noted that:be noted that: the existence of a recognised serious the existence of a recognised serious

but uncertain risk, currently applying ot but uncertain risk, currently applying ot the simplest types of ICT implant in the the simplest types of ICT implant in the human body (…)human body (…)

The purpose specification principle The purpose specification principle mandates at least a distinction between mandates at least a distinction between medical and non-medical applications medical and non-medical applications (…)(…)



„„the data minimisation principle rules the data minimisation principle rules out the lawfulness of ICT implants that out the lawfulness of ICT implants that are only aimed at identifying patients, if are only aimed at identifying patients, if they can be replaced by less invasive they can be replaced by less invasive andequally secure tools;andequally secure tools;

the proportionality principle rules out the proportionality principle rules out the lawfulness of implants such as those the lawfulness of implants such as those that are used, for instance, exclusively that are used, for instance, exclusively to facilitate entrance to public premises;to facilitate entrance to public premises;



„„the principle of integrity and the principle of integrity and inviolability of the body rules out that inviolability of the body rules out that the data subject‘s consent is sufficient the data subject‘s consent is sufficient to allow all kinds of implant to be to allow all kinds of implant to be deployed; anddeployed; and

the dignity principle prohibits the dignity principle prohibits transformation of the body into an objet transformation of the body into an objet that can be manipulated and controlled that can be manipulated and controlled remotely – into a mere source of remotely – into a mere source of information.“information.“


Ethical BackgroundEthical Background

„„Contemporary society is confronted Contemporary society is confronted with changes that have to do with with changes that have to do with the anthropological essence of the anthropological essence of individuals.“individuals.“



„„There is a stepwise shift in progress There is a stepwise shift in progress – after being observed, via video – after being observed, via video surveillance and biometrics, surveillance and biometrics, individuals are being modified via individuals are being modified via various electronic devices, under skin various electronic devices, under skin chips and smart tags, to such an chips and smart tags, to such an extent that they are increasingly extent that they are increasingly turned into networked individuals.“turned into networked individuals.“



„„Thus we might be continuously Thus we might be continuously connected and could be configured connected and could be configured differently so that from time to time differently so that from time to time we would transmit and receive we would transmit and receive signals allowing movements, habits signals allowing movements, habits and contacts to be traced and and contacts to be traced and defined. This would be bound to defined. This would be bound to modify the meaning and contents of modify the meaning and contents of an individual‘s autonomy and to an individual‘s autonomy and to affect their dignity.“affect their dignity.“


First human ‚infected with a First human ‚infected with a computer virus‘computer virus‘

BBC News 26 May 2010: „First BBC News 26 May 2010: „First human ‚infected with a computer human ‚infected with a computer virus‘“virus‘“

http://www.bbc.co.uk/news/10158517 http://www.bbc.co.uk/news/10158517

M.N. Gasson: „Could you become M.N. Gasson: „Could you become infected with a Computer Virus?“ infected with a Computer Virus?“ (2010)(2010)

http://www.personal.rdg.ac.uk/~sis04mng/research/ http://www.personal.rdg.ac.uk/~sis04mng/research/



Fundamental ethical principles:Fundamental ethical principles: Human DignityHuman Dignity Non-instrumentalisationNon-instrumentalisation PrivacyPrivacy Non-discriminationNon-discrimination Informed ConsentInformed Consent EquityEquity The precautionary principleThe precautionary principle



Value conflictsValue conflicts „„There could be conflict between the There could be conflict between the

personal freedom to use one‘s economic personal freedom to use one‘s economic resources to get an implant that will resources to get an implant that will enhance one‘s physical capabilities and enhance one‘s physical capabilities and what society at large considers desirable what society at large considers desirable or ethically acceptable.“or ethically acceptable.“



„„Another value conflict concerns the Another value conflict concerns the potential conflict between limiting potential conflict between limiting freedom of people dangerous to freedom of people dangerous to others by surveillance and promoting others by surveillance and promoting the safety of others.“the safety of others.“



„„Freedom of researchers may conflict Freedom of researchers may conflict with the obligation to safeguard the with the obligation to safeguard the health of research subjects.“health of research subjects.“



„„Concern for economic Concern for economic competitiveness and other economic competitiveness and other economic values (economic growth) may come values (economic growth) may come into conflict with respect for human into conflict with respect for human dignity.“dignity.“



„„Some Important Knowledge Gaps Some Important Knowledge Gaps Regarding ICT Implants in the Human Regarding ICT Implants in the Human Body:Body:



„„Human Dignity, Integrity and Autonomy:Human Dignity, Integrity and Autonomy: How far can such implants be a threat to How far can such implants be a threat to

human autonomy particularly when they are human autonomy particularly when they are implanted in our brains?implanted in our brains?

How far can they have irreversible impacts in How far can they have irreversible impacts in the human body and in the human psyche?the human body and in the human psyche?

How will they influence human memory?How will they influence human memory? Does a human being cease to be such a Does a human being cease to be such a

„being“ in cases where some parts of his or her „being“ in cases where some parts of his or her body – particularly the brain – are substituted body – particularly the brain – are substituted and/or supplemented by ICT implants?“and/or supplemented by ICT implants?“



„„Privacy and Surveillance:Privacy and Surveillance: How far con ICT implants become a How far con ICT implants become a

threat to privacy?threat to privacy? How far can ICT implants give an How far can ICT implants give an

individual, or a group, specific individual, or a group, specific capabilities that could become a threat capabilities that could become a threat to society?“to society?“



„„Enhancement and Self AwarenessEnhancement and Self Awareness What does perfectibility of human What does perfectibility of human

beings mean?beings mean? How far should the use of such implants How far should the use of such implants

to enhance human capabilities be to enhance human capabilities be allowed?“allowed?“



„„Social AspectsSocial Aspects How do we relate to persons with ICT How do we relate to persons with ICT

implants that are connected online?implants that are connected online? How far should ICT implants remain How far should ICT implants remain

invisible to an external observer?invisible to an external observer? How far can they be used to track How far can they be used to track

human beings and in which cases should human beings and in which cases should this be legally allowed?“this be legally allowed?“



„„ICT Implants for which special ICT Implants for which special caution is necessary:caution is necessary: ICT implants that cannot be removed ICT implants that cannot be removed

easilyeasily ICT implants that influence, determine ICT implants that influence, determine

of change psychic functionsof change psychic functions ICT implants that could be misused for ICT implants that could be misused for

social surveillance and manipulationsocial surveillance and manipulation Military applications“Military applications“


OpinionOpinion

Scope: „This Opinion focuses on the Scope: „This Opinion focuses on the question of ICT implants in the question of ICT implants in the human body. It does not deal with human body. It does not deal with the whole field of ICT devices or with the whole field of ICT devices or with „wearable“ computing in general, „wearable“ computing in general, although there may be cases in although there may be cases in which such devices could be which such devices could be considered as quasi implants.“considered as quasi implants.“


OpinionOpinion

„„We shall not lay hand upon thee“. We shall not lay hand upon thee“. This was the promise made in the This was the promise made in the Magna Carta – to respect the body in Magna Carta – to respect the body in its entirety: its entirety: Habeas CorpusHabeas Corpus.“.“

„„In this new world, data protection In this new world, data protection fulfils the task of ensuring the fulfils the task of ensuring the „„habeas datahabeas data“ required by the “ required by the changed circumstances“.changed circumstances“.


OpinionOpinion

„„At the same time, this is a At the same time, this is a permanently unfinished body. It can permanently unfinished body. It can be manipulated to restore functions be manipulated to restore functions that either were lost or were never that either were lost or were never known (…) again, for the sake of the known (…) again, for the sake of the person‘s welfare and/or social person‘s welfare and/or social competitiveness, as in the case of competitiveness, as in the case of enhanced sports skills or intelligence enhanced sports skills or intelligence prostheses.“prostheses.“


OpinionOpinion

„„ICT Implants for health purposes:ICT Implants for health purposes: The objective is importantThe objective is important The implant is necessary to achieve this The implant is necessary to achieve this

objective, andobjective, and There is no other less invasive and more There is no other less invasive and more

cost-effective method of achieving this cost-effective method of achieving this objective.“objective.“


OpinionOpinion

„„The individual and the network:The individual and the network: To the extent that an individual via an To the extent that an individual via an

ICT implant has become part of an ICT ICT implant has become part of an ICT network, the operation of the whole network, the operation of the whole network – not just the ICT implant – network – not just the ICT implant – needs to be considered.“needs to be considered.“


OpinionOpinion

„„Freedom of Research:Freedom of Research: The freedom of research in this field The freedom of research in this field

should be subjected not only to the should be subjected not only to the informed consent of the persons willing informed consent of the persons willing to participate in new experiments to participate in new experiments aiming at health recovery but also to the aiming at health recovery but also to the awareness of the possibility of damaging awareness of the possibility of damaging not only bodily but also psychic not only bodily but also psychic functions of the people participating in functions of the people participating in clinical trials.“clinical trials.“


OpinionOpinion

„„Irreversible ICT implants:Irreversible ICT implants: The requirements of informed consent The requirements of informed consent

and data protection (privacy and and data protection (privacy and confidentiality of the data in particular) confidentiality of the data in particular) need to be strictly enforced in cases need to be strictly enforced in cases where the ICT implants are irreversible where the ICT implants are irreversible and cannot be removed from the body and cannot be removed from the body without severe damage of the without severe damage of the individual‘s life.“individual‘s life.“


OpinionOpinion

““ICT implants for non-medical ICT implants for non-medical purposespurposes Mental functions and personal identity: Mental functions and personal identity:

ICT devices should not be used to ICT devices should not be used to manipulate mental functions or change manipulate mental functions or change personal identitypersonal identity

ICT implants and personal data: the ICT implants and personal data: the principles of data protection need to be principles of data protection need to be applied to this area“applied to this area“


OpinionOpinion

„„Privacy and ICT implants: Provided that Privacy and ICT implants: Provided that ICT devices are implanted in accordance ICT devices are implanted in accordance with the principles outlined in this with the principles outlined in this Opinion there is no need to declare Opinion there is no need to declare these implants. They could and should these implants. They could and should remain unrecognizable to an external remain unrecognizable to an external observer. The right to privacy includes observer. The right to privacy includes the right to have an ICT implant.“the right to have an ICT implant.“


OpinionOpinion

„„ICT Implants and Enhancement of ICT Implants and Enhancement of Physical and Mental capabilitiesPhysical and Mental capabilities

Access to ICT implants for enhancement Access to ICT implants for enhancement should be used only:should be used only:

To bring children or adults into the „normal“ To bring children or adults into the „normal“ range of the population, if they so wish and give range of the population, if they so wish and give their informed consent, or,their informed consent, or,

To improve health prospects“To improve health prospects“


OpinionOpinion

„„The following possibilites should be The following possibilites should be banned:banned: ICT implants as a basis for cyber-racismICT implants as a basis for cyber-racism ICT implants used for changing the ICT implants used for changing the

identity, memory, self perception and identity, memory, self perception and perception of othersperception of others

ICT implants used to enhance ICT implants used to enhance capabilities in order to dominate otherscapabilities in order to dominate others

ICT implants used for coercion towards ICT implants used for coercion towards others who do not use such devices“others who do not use such devices“


OpinionOpinion

„„ICT Implants, Commercialisation ICT Implants, Commercialisation and Consumer Interestsand Consumer Interests

It is essential that ICT devices are not It is essential that ICT devices are not put on the market without adequate put on the market without adequate control. For instance, products that control. For instance, products that can be regarded as medical products can be regarded as medical products should be controlled according to the should be controlled according to the relevant legal framework.“relevant legal framework.“


OpinionOpinion

„„ICT Implants for Surveillance PurposesICT Implants for Surveillance Purposes

ICT implants for surveillance in particular ICT implants for surveillance in particular threaten human dignity. They could be threaten human dignity. They could be used to locate people (and also to retrieve used to locate people (and also to retrieve other kinds of information about them). other kinds of information about them). This might be justified for security reasons This might be justified for security reasons (early release for prisoners) or for safety (early release for prisoners) or for safety reasons (location of vulnerable children).“reasons (location of vulnerable children).“


OpinionOpinion

„„However, the EGE insists that such However, the EGE insists that such surveillance applications of ICT surveillance applications of ICT implants may only be permitted if implants may only be permitted if the legislator considers that there is the legislator considers that there is an an urgenturgent and and justifiedjustified necessity in a necessity in a democratic society (Article 8 of the democratic society (Article 8 of the Human Rights Convention) and there Human Rights Convention) and there are no less intrusive methods.“are no less intrusive methods.“


OpinionOpinion

„„Nevertheless the EGE does not favour such Nevertheless the EGE does not favour such uses and considers that surveillance uses and considers that surveillance applications, under all circumstances, applications, under all circumstances, must be specified in legislation. must be specified in legislation. Surveillance procedures in individual cases Surveillance procedures in individual cases should be approved and monitored by an should be approved and monitored by an independent court.independent court.

The same general principles should apply to The same general principles should apply to the use of ICT implants for military the use of ICT implants for military purposes.“purposes.“


OpinionOpinion

„„General ConsiderationsGeneral Considerations Development of the Information SocietyDevelopment of the Information Society

The EGE considers that the ethical The EGE considers that the ethical questions related to ICT implants in the questions related to ICT implants in the human body are intimately related to human body are intimately related to the development of the Information the development of the Information Society as a whole.“Society as a whole.“


OpinionOpinion

„„The EGE strongly supports the vision of a The EGE strongly supports the vision of a people-centred, inclusive and people-centred, inclusive and development oriented Information development oriented Information Society as proclaimed in the Declaration Society as proclaimed in the Declaration of Principles of the World Summit on the of Principles of the World Summit on the Information Society (Geneva 2003).“Information Society (Geneva 2003).“


OpinionOpinion

„„Public Debate and InformationPublic Debate and Information

A broad social and political debate is A broad social and political debate is needed as to what kind of applications needed as to what kind of applications should be accepted and legally should be accepted and legally approved, particularly concerning approved, particularly concerning surveillance and enhancement. A surveillance and enhancement. A precautionary approach is precautionary approach is recommended by the EGE.“recommended by the EGE.“


OpinionOpinion

„„The Member States and their national The Member States and their national ethics councils (or corresponding ethics councils (or corresponding institutions) have a responsibility to institutions) have a responsibility to create conditions for education and create conditions for education and constructive, well-informed debates in constructive, well-informed debates in this area.“this area.“


OpinionOpinion

„„Democracy and PowerDemocracy and Power

Public debate and education are essential Public debate and education are essential to ensure transparency and the Member to ensure transparency and the Member States have a responsibility to ensure States have a responsibility to ensure that the power of development and that the power of development and access to ICT implants are decided access to ICT implants are decided through democratic processes.“through democratic processes.“


OpinionOpinion

„„Need for RegulationNeed for Regulation

It is clear that this field needs regulation. It is clear that this field needs regulation. Currently, non-medical ICT implants in Currently, non-medical ICT implants in the human body are not explicitly the human body are not explicitly covered by existing legislation, covered by existing legislation, particularly in terms of privacy and data particularly in terms of privacy and data protection.“protection.“


OpinionOpinion

„„In the EGE‘s view, implantable In the EGE‘s view, implantable devices for medical purposes should devices for medical purposes should be regulated in the same way as be regulated in the same way as drugs when the medical goal is the drugs when the medical goal is the same, particularly as such implants same, particularly as such implants are only partly covered by Council are only partly covered by Council Directive 90/385/EEC on the Directive 90/385/EEC on the approximation of the laws of the approximation of the laws of the Member States relating to active Member States relating to active implantable medical devices.“implantable medical devices.“


OpinionOpinion

„„Impact Research and ICT DevicesImpact Research and ICT Devices

More research on the long term social, cultural More research on the long term social, cultural and healt impact of different types of ICT and healt impact of different types of ICT implants needs to be carried out, with a implants needs to be carried out, with a particular focus on risk characterisation, risk particular focus on risk characterisation, risk assessment, risk management and risk assessment, risk management and risk communication. The EGE considers that this communication. The EGE considers that this should be kept in mind for the Seventh EU should be kept in mind for the Seventh EU Research Framework Programme. This sort of Research Framework Programme. This sort of precautionary research in a rapidly developing precautionary research in a rapidly developing field is of crucial importance.“field is of crucial importance.“


OpinionOpinion

„„Need for reviewNeed for review

The field of ICT implants is in its infancy The field of ICT implants is in its infancy and rapid developments are taking and rapid developments are taking place that raise societal fears as well as place that raise societal fears as well as hopes. Consequently, the EGE has hopes. Consequently, the EGE has addressed the key ethical issues addressed the key ethical issues regarding developmentsthat are current regarding developmentsthat are current or can be foreseen at the present time.“or can be foreseen at the present time.“


OpinionOpinion

„„However, it is clear that the EGE will However, it is clear that the EGE will have to return to this subject to have to return to this subject to update our advice in the light of update our advice in the light of future applications of ICT implants. future applications of ICT implants. (…) Consequently, we consider that a (…) Consequently, we consider that a review of this Opinion by the EGE review of this Opinion by the EGE may be necessary in about three to may be necessary in about three to five years time.“five years time.“


Conclusion and ProspectsConclusion and Prospects

The EGE recommended The EGE recommended

„„More research on the long term social, cultural More research on the long term social, cultural and healt impact of different types of ICT and healt impact of different types of ICT implants needs to be carried out, with a implants needs to be carried out, with a particular focus on risk characterisation, risk particular focus on risk characterisation, risk assessment, risk management and risk assessment, risk management and risk communication. The EGE considers that this communication. The EGE considers that this should be kept in mind for the Seventh EU should be kept in mind for the Seventh EU Research Framework Programme. This sort of Research Framework Programme. This sort of precautionary research in a rapidly developing precautionary research in a rapidly developing field is of crucial importance.“field is of crucial importance.“



Selection of EU projects that have been / are Selection of EU projects that have been / are dealing with this matter:dealing with this matter:

ETHICBOTS (2006-2007) (FP 6)ETHICBOTS (2006-2007) (FP 6) ICTethics (2009-2011) (FP 7)ICTethics (2009-2011) (FP 7) EGAIS (2009-2011) (FP 7)EGAIS (2009-2011) (FP 7) ETICA (2009-2011) (FP 7)ETICA (2009-2011) (FP 7)

For a complete list of Research Programmes dealing For a complete list of Research Programmes dealing with ethical questions of ICT under FP7 see: with ethical questions of ICT under FP7 see: CORDIS DatabankCORDIS Databank

http://cordis.europa.eu/pf7 http://cordis.europa.eu/pf7


FP 6 2006-2008FP 6 2006-2008 http://ethicbots.na.infn.it/index.phphttp://ethicbots.na.infn.it/index.php

Three kinds of integration were analized: Three kinds of integration were analized: (a)(a) Human-softbot integration, as achieved by AI Human-softbot integration, as achieved by AI

research on information and communication research on information and communication technologies;technologies;

(b)(b) Human-robot, non-invasive integration, as achieved Human-robot, non-invasive integration, as achieved by robotic research on autonomous systems by robotic research on autonomous systems inhabiting human environments;inhabiting human environments;

(c)(c) Physical, invasive integration, as achieved by bionic Physical, invasive integration, as achieved by bionic research.research.


„„Crucial ethical issues in these areas Crucial ethical issues in these areas include the preservation of human include the preservation of human identity, and integrity; applications of identity, and integrity; applications of precautionary principles; economic and precautionary principles; economic and social discrimination; artificial system social discrimination; artificial system autonomy and accountability; autonomy and accountability; responsibilities for (possibly unintended) responsibilities for (possibly unintended) warfare applications; nature and impact of warfare applications; nature and impact of human-machine cognitive and affective human-machine cognitive and affective bonds on individuals and society.“bonds on individuals and society.“



The ICTethics projectThe ICTethics project – ICT that – ICT that makes the differencemakes the difference

The basis of the work is an The basis of the work is an investigation of the ESLA (Ethical, investigation of the ESLA (Ethical, Social and Legal Aspects) of Ambient Social and Legal Aspects) of Ambient Intelligence &Intelligence &

ICT for SecurityICT for Security

http://www.ictethics.eu/ http://www.ictethics.eu/



Ambient Intelligence:Ambient Intelligence: Intelligent Environments: Personal Intelligent Environments: Personal

Health Systems (PHS)Health Systems (PHS) Convergence of Physical, Mental and Convergence of Physical, Mental and

Virtual: Personal Humanoid Assistent Virtual: Personal Humanoid Assistent (PHA)(PHA)

Internet of Things: Radio-Frequency Internet of Things: Radio-Frequency Identification (RFID)Identification (RFID)

ICT for Security: BiometricsICT for Security: Biometrics



ICT that makes the difference. The future of Ambient ICT that makes the difference. The future of Ambient Intelligence and ICT for Security. International Intelligence and ICT for Security. International Conference, Brussels, Nov. 22-25, 2009Conference, Brussels, Nov. 22-25, 2009

http://www.ictthatmakesthedifference.eu/index.html http://www.ictthatmakesthedifference.eu/index.html


Legal aspectsLegal aspects

1. RFID. Implants and the human body1. RFID. Implants and the human body Legal aspects of ICT implants Legal aspects of ICT implants

Stefano Rodotà1, Diane Whitehouse2, Stefano Rodotà1, Diane Whitehouse2, Penny Duquenoy3 Penny Duquenoy3 1 La Sapienza, Fondazione Basso, Rome 1 La Sapienza, Fondazione Basso, Rome (Italy) (Italy) 2 The Castlegate Consultancy, (CITY) 2 The Castlegate Consultancy, (CITY) (United Kingdom) (United Kingdom) 3 Middlesex University (United Kingdom) 3 Middlesex University (United Kingdom)


2. Privacy. Toward an electronically 2. Privacy. Toward an electronically identity?identity?

Legal concepts of human identity? Legal concepts of human identity? Stefano Rodotà, La Sapienza, Fondazione Stefano Rodotà, La Sapienza, Fondazione Basso, Rome (Italy) Basso, Rome (Italy)

On Interpreting and Constructing (Non-) On Interpreting and Constructing (Non-) Human Identities Human Identities Rafael Capurro International Center for Rafael Capurro International Center for Information Ethics, Karlsruhe (Germany) Information Ethics, Karlsruhe (Germany)

DNA barcoding and personal genomics DNA barcoding and personal genomics Giuseppe Novelli, Tor Vergata University Giuseppe Novelli, Tor Vergata University (Italy) (Italy)



EGAIS (Ethical GovernAnce of emergIng EGAIS (Ethical GovernAnce of emergIng technologieS) (2009-2011)technologieS) (2009-2011)

Aim of the project: to overcome the Aim of the project: to overcome the existent limitations of the current existent limitations of the current approaches to ethical governance in approaches to ethical governance in projects with technical development.projects with technical development.

http://www.egais-project.eu/?q=node/3 http://www.egais-project.eu/?q=node/3



ETICA (2009-2011)ETICA (2009-2011)

Aim of the project: to identify and Aim of the project: to identify and addresss ethical issues arising from addresss ethical issues arising from information and communication information and communication technologies -- such as ambient technologies -- such as ambient intelligence, human-machine intelligence, human-machine symbiosis, and neuroelectronics -- in symbiosis, and neuroelectronics -- in the coming 10 to 15 years.the coming 10 to 15 years.

http://www.etica-project.eu/http://www.etica-project.eu/


How far should we let How far should we let ICT devices geht under ICT devices geht under our skins?our skins?

Ethical Aspects of ICT Implants in the Human Body

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