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ARTICLE · 24 SEPTEMBER 2026

Beyond Special Category Data: ICO Signals New Era Of Neurodata Regulation

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The UK Information Commissioner's Office has published findings from a citizens' jury examining public attitudes toward neurotechnology and neurodata collection. Twenty UK residents deliberated on how to balance the benefits of brain-monitoring devices against privacy risks, revealing strong support for medical applications but significant opposition to workplace productivity monitoring and concerns about discrimination against neurodiverse individuals.

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The Information Commissioner's Office (ICO) has published a report setting out findings from a citizens' jury commissioned to inform its developing guidance on how data protection law applies to neurotechnology (neurotech) and neurodata. Neurotech consists of devices that record or send electrical signals to the brain and nervous system. The UK neurotech sector is growing rapidly, with 54 dedicated companies generating nearly £120 million in turnover and attracting over £200 million in investment.

The ICO commissioned Nesta's Centre for Collective Intelligence to run the citizens' jury, bringing together 20 members of the UK public for three online sessions over two weeks in March 2026. Jurors engaged with specialist videos, heard presentations from sector experts and took part in facilitated deliberative discussions, working through the central question of how to make the most of the benefits of neurotechnology while managing the risks. The report's findings are qualitative and

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