Abstract:
Athletes' neural data under the application of brain-computer interface (BCI) refers to the quantitative data related to the structure, activity and function of athletes' brains. Through the logical analysis of "judicial practice-privacy policy", the protection dilemma of athletes' neural data mainly exists in the lack of basis for neural data protection and data risk hazards. In order to ensure that the application of brain-computer interface is beneficial to athletes while reducing data risks, it is necessary to standardize the privacy policy text of brain-computer interface applications for athletes: At the data collection level, it is to clarify the concept of neural data, and adopt the protection mode of "physiological data + psychological data" when the technology is mature. At the data usage level, there should be a certain usage time limit for athletes' neural data, which can be a "fixed time limit" for retaining all data or a "relative time limit" for retaining neural data. At the data sharing level, it is to clarify the specific circumstances and forms of neural data sharing, and prohibit the commercialization of neural data. Finally, at the data rights level, it is to implement the right to delete and withdraw consent involving athletes' neural data, and stipulate the necessary terms that neural data will not be retained after deletion.