Privacy and Data Confidentiality Concerns in Neuro-Data Management

An Analysis

Abstract

Exponential data growth demands efficient management, especially near-data processing, which enhances performance but raises privacy and confidentiality concerns at the intersection of law and constitutional rights. This paper examines these issues through India’s Criminal Procedure (Identification) Act, 2022, analyzing its impact on privacy and civil liberties. Data confidentiality—protecting sensitive information from unauthorized access—is crucial for trust in digital systems. Robust encryption, access controls, and governance policies can mitigate risks, but evolving laws like the 2022 Act, permitting large-scale biometric data collection, spark fears of abuse and privacy erosion under Article 21 of the Indian Constitution. The paper explores the legal framework, implications of the Act, and potential privacy violations. It highlights ethical data management, urging proactive organizational measures, stakeholder dialogue, and stringent safeguards. Balancing near-data processing benefits with privacy protection requires ongoing research and collaboration to address challenges at the crossroads of data management and legal frameworks.