Transcript Ethical Aspects of ICT Implants in the Human Body

Ethical Aspects of ICT
Implants in the Human
Body
Rafael Capurro
Distinguished Researcher in Information Ethics, School of Information Studies,
University of Wisconsin-Milwaukee, USA
Conference Neuroscience and European and North American Case Law
Interdepartmental Research Centre ECLSC, University of Pavia, in cooperation
with the Court of Milan, Milan, September 17, 2010
Overview
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Introduction
EGE Opinion No 20
Scientific and technical background
Legal Aspects
Ethical Aspects
Prospects
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Introduction
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The European Group on Ethics in Science
and New Technologies to the European
Commission
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Introduction
„The Group is a neutral, independent,
pluralist and multidisciplinary body,
composed of fifteen experts appointed by
the Commission for their expertise and
personal qualities.“
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Introduction
„The task of the Group is to examine ethical
questions arising from science and new
technologies and on this basis to issue
Opinions to the European Commission in
connection with the preparation and
implementation of Community legislation
or policies.“
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Introduction
„In order to face the ethical issues that are
arising with the rapid advances in science
and technology, the Members represent a
broader range of professional
competences in different disciples such as,
inter alia, biology and genetics, medicine,
pharmacology, agricultural sciences, ICT,
law, ethics, philosophy, and theology.“
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Introduction
„For every full Opinion to be issued by the Group,
a roundtable is held before the Opinion is
adopted, to which representatives of the
Institutions of the European Union, experts of
the fields, parties representing different
interests, including NGOs, patients and
consumer organisations and industrial
stakeholders, are invited to participate in the
debate.“
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Opinion No 20
Ethical aspects of ICT implants in the human
body (16 March 2005).
Opinion produced on the direct initiative of the
EGE
Rapporteurs: Prof. Stefano Rodotà and Prof. Rafael
Capurro
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http://ec.europa.eu/european_group_ethics/avis/index_en.htm
Important Notice: This PP presents pictures, videos and links that are 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.
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Introduction
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„At first sight ICT implants are ethically
unproblematic if we think for instance
about cardiac pacemakers. However,
although ICT implants may be used to
repair deficient bodily capabilities they can
also be misused, particularly if these
devices are accessible via digital
networks.“
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Introduction
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„The idea of letting ICT devices get under
our skin in order not just to repair but
even to enhance human capabilities gives
rise to science fiction visions with threat
and/or benefit characteristics.“
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Introduction
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„The intimate relation between bodily and
psychic functions is basic to our personal
identity.“
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Introduction
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„Consequently the objective of this
Opinion is primarily to raise awareness
and questions concerning the ethical
dilemmas created by a range of implants
in this rapidly expanding field.“
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Scientific and Technical
Background
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Current Applications and Research
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Applications: ICT Implants on the market
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Active medical devices:
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Scientific and Technical Background
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Cardiovascular pacers for patients with conduction disorders or
heart failure
Cochlear and brainstem implants for patients with hearing
disorders
Implantable programmable drug delivery pumps for patients
with Multiple Sclerosis or Diabetes
Implantable Neurostimulation Devices
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Spinal cord stimulation for chronic pain management
Sacral nerve stimulation for control of urinary incontinence
Vagus nerve stimulation (VNS) for seizure control in epilepsy and mood
control in severe depression cases
Deap brain stimulation (DBS) for patients with Parkinson’s
disease, for essential tremor
Artificial chip-controlled leg
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Scientific and Technical Background
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Identification and location devices:
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Read-Only: for example allowing to identify
Alzheimer‘s patients or children
Read-Write: carrying a set of information
(such as a person‘s medical history)
Devices with tracking capabilities: a device
that can emit a radio signal which could be
tracked (RFID, VeriChip)
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Scientific and Technical Background
Research on ICT Implants:
Medical Devices
 Biosensors
 Artificial Hippocampus
 Cortical implant for the blind
 Ocular implant or artificial retina
 Brain-computer interfaces (BCI)
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Scientific and Technical Background
Surveillance or tracking devices
 Wearable ICT
 Subdermal GPS
Enhancement or commodity devices
 Prosthetic cortical implant (intelligence or sensory
„amplifiers“)
 Artificial vision
 Audio tooth implant
 Artificial hippocampus (to enhance memory)
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Scientific and Technical Background
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Other potential uses
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Microsoft patent Number 6,754,472 June 22,
2004 concerns the human body as a medium
for transmission of data (or energy) to „other
devices“ like PDAs, cellular phones, medical
devices, RFID, making possible to localize
persons. The patent does not describe any
specific device.
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Scientific and Technical Background
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„Smart guns“: weapons that can be fired only
if operated by their owner with a RFID-chip
implanted in his or her hand.
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Categorisation of ICT Implants
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Implantable devices can be categorised as:
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Both as:
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medical
non-medical
passive
active
Reversible or non reversible
Stand-alone or online
ICT implants and tags
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Future personal tracking devices
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Integration and miniaturization of three
technologies: www.digitalangel.com
Biosensor: read a person‘s vital signs by touching the
skin (implanted into a wristwatch)
 Pager device: takes the data from the biosensor by
using a cellular packet module
 Position location technology: using radio signal to stay
in contact with a person‘s pager device
-> this information is sent through cellular data packets
to a data centre (Digital Angel™)
-> The first Digital Angel was launched in November
2001
-> Medical emergency purposes
-> Identification/Location purposes
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Legal Background
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General Principles:
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Universal Declaration of Human Rights
EU Charter of Fundamental Rights of 2000
Convention on Human Rigts and Biomedicine of the
Council of Europe
EU Directives
European Constitution
National Constitutions
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Legal Background
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Human Dignity: providing that the human body
and its parts shall not give rise to financial gain
Human Inviolability
Privacy and Data Protection
The Precautionary Principle
Data Minimisation, Purpose Specification,
Proportionality Principle and Relevance
Autonomy and Limits of ICT Implants
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Legal Background
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„ICT implants may:
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allow individuals to be located on a
permanent and/or occasional basis;
Allow the information contained in electronic
devices to be changed remotely without the
date subject‘s knowledge.“
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Legal Background
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„These risks are bound to increase with
the adoption of unified technical
standards, which may allow data to be
read and modified also by entities other
than the data subject and the
bodies/organizations lawfully managing
the relevant plant or connection.“
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Legal Background
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„Both circumstances are clearly in conflict
with data protection rules concerning
collection and processing of the
information.“
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Legal Background
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„For the legal background, it should be
noted that:
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the existence of a recognised serious but
uncertain risk, currently applying ot the
simplest types of ICT implant in the human
body (…)
The purpose specification principle mandates
at least a distinction between medical and
non-medical applications (…)
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Legal Background
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„the data minimisation principle rules out the
lawfulness of ICT implants that are only
aimed at identifying patients, if they can be
replaced by less invasive andequally secure
tools;
the proportionality principle rules out the
lawfulness of implants such as those that are
used, for instance, exclusively to facilitate
entrance to public premises;
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Legal Background
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„the principle of integrity and inviolability of
the body rules out that the data subject‘s
consent is sufficient to allow all kinds of
implant to be deployed; and
the dignity principle prohibits transformation
of the body into an objet that can be
manipulated and controlled remotely – into a
mere source of information.“
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Ethical Background
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„Contemporary society is confronted with
changes that have to do with the
anthropological essence of individuals.“
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Ethical Background
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„There is a stepwise shift in progress –
after being observed, via video
surveillance and biometrics, individuals are
being modified via various electronic
devices, under skin chips and smart tags,
to such an extent that they are
increasingly turned into networked
individuals.“
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Ethical Background
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„Thus we might be continuously connected
and could be configured differently so that
from time to time we would transmit and
receive signals allowing movements,
habits and contacts to be traced and
defined. This would be bound to modify
the meaning and contents of an
individual‘s autonomy and to affect their
dignity.“
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First human ‚infected with a
computer virus‘
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BBC News 26 May 2010: „First human
‚infected with a computer virus‘“
http://www.bbc.co.uk/news/10158517
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M.N. Gasson: „Could you become infected
with a Computer Virus?“ (2010)
http://www.personal.rdg.ac.uk/~sis04mng/research/
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Ethical Background
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Fundamental ethical principles:
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Human Dignity
Non-instrumentalisation
Privacy
Non-discrimination
Informed Consent
Equity
The precautionary principle
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Ethical Background
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Value conflicts
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„There could be conflict between the personal
freedom to use one‘s economic resources to
get an implant that will enhance one‘s
physical capabilities and what society at large
considers desirable or ethically acceptable.“
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Ethical Background
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„Another value conflict concerns the
potential conflict between limiting freedom
of people dangerous to others by
surveillance and promoting the safety of
others.“
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Ethical Background
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„Freedom of researchers may conflict with
the obligation to safeguard the health of
research subjects.“
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Ethical Background
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„Concern for economic competitiveness
and other economic values (economic
growth) may come into conflict with
respect for human dignity.“
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Ethical Background
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„Some Important Knowledge Gaps
Regarding ICT Implants in the Human
Body:
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Ethical Background
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„Human Dignity, Integrity and Autonomy:
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How far can such implants be a threat to human
autonomy particularly when they are implanted in our
brains?
How far can they have irreversible impacts in the
human body and in the human psyche?
How will they influence human memory?
Does a human being cease to be such a „being“ in
cases where some parts of his or her body –
particularly the brain – are substituted and/or
supplemented by ICT implants?“
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Ethical Background
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„Privacy and Surveillance:
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How far con ICT implants become a threat to
privacy?
How far can ICT implants give an individual,
or a group, specific capabilities that could
become a threat to society?“
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Ethical Background
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„Enhancement and Self Awareness
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What does perfectibility of human beings
mean?
How far should the use of such implants to
enhance human capabilities be allowed?“
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Ethical Background
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„Social Aspects
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How do we relate to persons with ICT
implants that are connected online?
How far should ICT implants remain invisible
to an external observer?
How far can they be used to track human
beings and in which cases should this be
legally allowed?“
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Ethical Background
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„ICT Implants for which special caution is
necessary:
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ICT implants that cannot be removed easily
ICT implants that influence, determine of
change psychic functions
ICT implants that could be misused for social
surveillance and manipulation
Military applications“
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Opinion
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Scope: „This Opinion focuses on the
question of ICT implants in the human
body. It does not deal with the whole field
of ICT devices or with „wearable“
computing in general, although there may
be cases in which such devices could be
considered as quasi implants.“
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Opinion
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„We shall not lay hand upon thee“. This
was the promise made in the Magna Carta
– to respect the body in its entirety:
Habeas Corpus.“
„In this new world, data protection fulfils
the task of ensuring the „habeas data“
required by the changed circumstances“.
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Opinion
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„At the same time, this is a permanently
unfinished body. It can be manipulated to
restore functions that either were lost or
were never known (…) again, for the sake
of the person‘s welfare and/or social
competitiveness, as in the case of
enhanced sports skills or intelligence
prostheses.“
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Opinion
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„ICT Implants for health purposes:
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The objective is important
The implant is necessary to achieve this
objective, and
There is no other less invasive and more costeffective method of achieving this objective.“
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Opinion
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„The individual and the network:
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To the extent that an individual via an ICT
implant has become part of an ICT network,
the operation of the whole network – not just
the ICT implant – needs to be considered.“
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Opinion
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„Freedom of Research:
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The freedom of research in this field should
be subjected not only to the informed consent
of the persons willing to participate in new
experiments aiming at health recovery but
also to the awareness of the possibility of
damaging not only bodily but also psychic
functions of the people participating in clinical
trials.“
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Opinion
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„Irreversible ICT implants:
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The requirements of informed consent and
data protection (privacy and confidentiality of
the data in particular) need to be strictly
enforced in cases where the ICT implants are
irreversible and cannot be removed from the
body without severe damage of the
individual‘s life.“
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Opinion
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“ICT implants for non-medical purposes
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Mental functions and personal identity: ICT
devices should not be used to manipulate
mental functions or change personal identity
ICT implants and personal data: the principles
of data protection need to be applied to this
area“
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Opinion
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„Privacy and ICT implants: Provided that ICT
devices are implanted in accordance with the
principles outlined in this Opinion there is no
need to declare these implants. They could
and should remain unrecognizable to an
external observer. The right to privacy
includes the right to have an ICT implant.“
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Opinion
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„ICT Implants and Enhancement of Physical
and Mental capabilities
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Access to ICT implants for enhancement should be
used only:
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To bring children or adults into the „normal“ range of the
population, if they so wish and give their informed
consent, or,
To improve health prospects“
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Opinion
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„The following possibilites should be
banned:
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ICT implants as a basis for cyber-racism
ICT implants used for changing the identity,
memory, self perception and perception of
others
ICT implants used to enhance capabilities in
order to dominate others
ICT implants used for coercion towards others
who do not use such devices“
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Opinion
„ICT Implants, Commercialisation and
Consumer Interests
It is essential that ICT devices are not put
on the market without adequate control.
For instance, products that can be
regarded as medical products should be
controlled according to the relevant legal
framework.“
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Opinion
„ICT Implants for Surveillance Purposes
ICT implants for surveillance in particular threaten
human dignity. They could be used to locate
people (and also to retrieve other kinds of
information about them). This might be justified
for security reasons (early release for prisoners)
or for safety reasons (location of vulnerable
children).“
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Opinion
„However, the EGE insists that such
surveillance applications of ICT implants
may only be permitted if the legislator
considers that there is an urgent and
justified necessity in a democratic society
(Article 8 of the Human Rights
Convention) and there are no less
intrusive methods.“
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Opinion
„Nevertheless the EGE does not favour such uses
and considers that surveillance applications,
under all circumstances, must be specified in
legislation. Surveillance procedures in individual
cases should be approved and monitored by an
independent court.
The same general principles should apply to the
use of ICT implants for military purposes.“
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Opinion
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„General Considerations
Development of the Information Society
The EGE considers that the ethical questions
related to ICT implants in the human body are
intimately related to the development of the
Information Society as a whole.“
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Opinion
„The EGE strongly supports the vision of a
people-centred, inclusive and development
oriented Information Society as proclaimed in
the Declaration of Principles of the World
Summit on the Information Society (Geneva
2003).“
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Opinion
„Public Debate and Information
A broad social and political debate is needed as
to what kind of applications should be
accepted and legally approved, particularly
concerning surveillance and enhancement. A
precautionary approach is recommended by
the EGE.“
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Opinion
„The Member States and their national ethics
councils (or corresponding institutions) have a
responsibility to create conditions for
education and constructive, well-informed
debates in this area.“
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Opinion
„Democracy and Power
Public debate and education are essential to
ensure transparency and the Member States
have a responsibility to ensure that the power
of development and access to ICT implants
are decided through democratic processes.“
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Opinion
„Need for Regulation
It is clear that this field needs regulation.
Currently, non-medical ICT implants in the
human body are not explicitly covered by
existing legislation, particularly in terms of
privacy and data protection.“
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Opinion
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„In the EGE‘s view, implantable devices for
medical purposes should be regulated in
the same way as drugs when the medical
goal is the same, particularly as such
implants are only partly covered by
Council Directive 90/385/EEC on the
approximation of the laws of the Member
States relating to active implantable
medical devices.“
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Opinion
„Impact Research and ICT Devices
More research on the long term social, cultural and
healt impact of different types of ICT implants needs
to be carried out, with a particular focus on risk
characterisation, risk assessment, risk management
and risk communication. The EGE considers that this
should be kept in mind for the Seventh EU Research
Framework Programme. This sort of precautionary
research in a rapidly developing field is of crucial
importance.“
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Opinion
„Need for review
The field of ICT implants is in its infancy and
rapid developments are taking place that raise
societal fears as well as hopes. Consequently,
the EGE has addressed the key ethical issues
regarding developmentsthat are current or
can be foreseen at the present time.“
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Opinion
„However, it is clear that the EGE will have
to return to this subject to update our
advice in the light of future applications of
ICT implants. (…) Consequently, we
consider that a review of this Opinion by
the EGE may be necessary in about three
to five years time.“
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Conclusion and Prospects
The EGE recommended
„More research on the long term social, cultural and
healt impact of different types of ICT implants needs
to be carried out, with a particular focus on risk
characterisation, risk assessment, risk management
and risk communication. The EGE considers that this
should be kept in mind for the Seventh EU Research
Framework Programme. This sort of precautionary
research in a rapidly developing field is of crucial
importance.“
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Conclusion and Prospects
Selection of EU projects that have been / are dealing with
this matter:
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ETHICBOTS (2006-2007) (FP 6)
ICTethics (2009-2011) (FP 7)
EGAIS (2009-2011) (FP 7)
ETICA (2009-2011) (FP 7)
For a complete list of Research Programmes dealing with
ethical questions of ICT under FP7 see: CORDIS
Databank
http://cordis.europa.eu/pf7
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FP 6 2006-2008
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http://ethicbots.na.infn.it/index.php
Three kinds of integration were analized:
Human-softbot integration, as achieved by AI research
on information and communication technologies;
(b) Human-robot, non-invasive integration, as achieved by
robotic research on autonomous systems inhabiting
human environments;
(c) Physical, invasive integration, as achieved by bionic
research.
(a)
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„Crucial ethical issues in these areas include the
preservation of human identity, and integrity;
applications of precautionary principles;
economic and social discrimination; artificial
system autonomy and accountability;
responsibilities for (possibly unintended) warfare
applications; nature and impact of humanmachine cognitive and affective bonds on
individuals and society.“
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Conclusion and Prospects
The ICTethics project – ICT that makes
the difference
The basis of the work is an investigation of
the ESLA (Ethical, Social and Legal
Aspects) of Ambient Intelligence &
ICT for Security
http://www.ictethics.eu/
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Conclusion and Prospects
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Ambient Intelligence:
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Intelligent Environments: Personal Health
Systems (PHS)
Convergence of Physical, Mental and Virtual:
Personal Humanoid Assistent (PHA)
Internet of Things: Radio-Frequency
Identification (RFID)
ICT for Security: Biometrics
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Conclusion and Prospects
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ICT that makes the difference. The future of Ambient
Intelligence and ICT for Security. International Conference,
Brussels, Nov. 22-25, 2009
http://www.ictthatmakesthedifference.eu/index.html
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Legal aspects
1. RFID. Implants and the human body
 Legal aspects of ICT implants
Stefano Rodotà1, Diane Whitehouse2, Penny
Duquenoy3
1 La Sapienza, Fondazione Basso, Rome (Italy)
2 The Castlegate Consultancy, (CITY) (United
Kingdom)
3 Middlesex University (United Kingdom)
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2. Privacy. Toward an electronically
identity?
 Legal concepts of human identity?
Stefano Rodotà, La Sapienza, Fondazione Basso,
Rome (Italy)
 On Interpreting and Constructing (Non-) Human
Identities
Rafael Capurro International Center for
Information Ethics, Karlsruhe (Germany)
 DNA barcoding and personal genomics
Giuseppe Novelli, Tor Vergata University (Italy)
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Conclusion and Prospects
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EGAIS (Ethical GovernAnce of emergIng
technologieS) (2009-2011)
Aim of the project: to overcome the existent
limitations of the current approaches to
ethical governance in projects with
technical development.
http://www.egais-project.eu/?q=node/3
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Conclusion and Prospects
ETICA (2009-2011)
Aim of the project: to identify and addresss
ethical issues arising from information and
communication technologies -- such as
ambient intelligence, human-machine
symbiosis, and neuroelectronics -- in the
coming 10 to 15 years.
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http://www.etica-project.eu/
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How far should we let ICT
devices geht under our
skins?
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