Neuromarketing from a Legal Perspective

0474160 - ÚSP 2018 RIV CZ eng J - Journal Article
Krausová, Alžběta
Neuromarketing from a Legal Perspective.
The Lawyer Quarterly. Roč. 7, č. 1 (2017), s. 40-49. ISSN 1805-8396. E-ISSN 1805-840X
R&D Projects: GA ČR(CZ) GA16-26910S
Institutional support: RVO:68378122
Keywords : biometric data * consumer protection * data protection
OECD category: Law

Neuromarketing utilizes modern techniques of monitoring brain functioning in order to design efficient advertising contents. Due to its capacity to interfere with and to influence decision process of customers, neuromarketing is regarded as highly controversial. The article examines possible manners of protection of individuals from the perspective of personal autonomy and privacy protection. It analyzes possibilities of challenging validity of legal transactions made under influence of neuromarketing based advertising as well as applicability of unfair practices in advertising. The paper also claims that the current personal data protection legislation is not applicable. Privacy of mind is described in terms of privacy of contents and privacy of processes. Mental processes are considered as crucial for creating contents of mind as well as for an individual approach to own privacy. The article concludes that the current regulation of unfair practices as well as the regulation of privacy do not provide an appropriate level of protection and that general clauses should be complemented with specific provision on inadmissible practices in advertising.
Permanent Link: http://hdl.handle.net/11104/0271268