When Your Boss Is Tracking Your Brain
Bioethicist Nita Farahany says privacy law hasn’t kept up with science as employers increasingly use neurotechnology in the workplace
Bioethicist Nita Farahany says privacy law hasn’t kept up with science as employers increasingly use neurotechnology in the workplace
Employers can track workers’ emails, computer keystrokes and calls. What happens when they routinely start tracking employees’ brains?
Nita Farahany, 46, has been studying the possibility for years. A professor of law and philosophy at Duke University School of Law, Dr. Farahany has long been intrigued by potential legal challenges posed by devices in the workplace that measure electrical activity in the brain.
Over the years, these electroencephalogram, or EEG, devices, along with the software and algorithms that power them, have gotten better at tracking brain-wave signals and decoding people’s emotions and cognitive skills. Some employers use the devices to monitor employees’ fatigue and offer brain-wave tracking as part of wellness programs designed to decrease stress and anxiety, Dr. Farahany says.
But the law hasn’t kept up with the science, she says. “There is no existing set of legal rights that protect us from employers scanning the brain or hacking the brain.”

Dr. Farahany’s interest in the issue stems in part from her childhood. Her parents both came to the U.S. from Iran, her father moving in 1969 for a medical residency and her mother arriving a year later. They had planned to return to Iran in 1979 but decided against it because of the political unrest. After the Shah of Iran’s ouster, her mother’s brother, who had served in the military, was arrested. Dr. Farahany’s family often discussed politics, including the way surveillance technology can be misused by governments.
In her book coming out in March, “The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology,” Dr. Farahany argues the workplace will be a crucial arena in the fight for the future of mental privacy. She spoke with The Wall Street Journal about how employers are increasingly gathering workers’ brain data and the need for limits on how the information is used.
The first example that I came across was a few years ago. Train drivers in China on the Beijing-Shanghai [high-speed rail] line are required to wear caps that have electrodes embedded in order to track their brain activity to see if they are focused or fatigued. There are even reports of tracking of the emotion levels of factory workers. The workers can be sent home if emotional levels signal they could be disruptive on the factory floor. I thought, I’m glad that isn’t happening in the U.S. But it turns out that it is happening in the U.S. Some companies have started to look into technology that could allow them to track fatigue levels and also attention and focus.
There are some beneficial uses. Brain-wave activity monitors can be used by employees. As your mind starts to wander, it can give you an alert and tell you, “Hey, it is time for a brain break.”
Companies are also using it to track wellness and health. Wellness programs don’t fall under the same kinds of protections that employees have from misuse of health data. The data could track everything from a person’s cognitive decline over time to a lot of other brain metrics, through brain-training games and headsets that measure brain-wave activity.
They could. They could evaluate it. They could use it for managerial purposes. They can make decisions about who is going to be very expensive to continue to employ over time, whose brain is slowing and less likely to be as effective over time. There really is no check on how they use that data right now.
People may not recognise how much information you can decode already from a person’s brain. There are a lot of things that can be learned about the individual, like whether they suffer from cognitive decline or whether they have early stages of glioblastoma, a brain tumour—even their cognitive preferences.
I do worry people are unwittingly giving up [information] without realising the full implications. That is true for privacy in general, but we ought to have a special place we think about when it comes to the brain. It is the last space where we truly have privacy.
Technologists in the field a decade ago would have told people, “What are you worried about collecting neural data, there is so little we will ever be able to decode from surface-based electrodes rather than ones that are implanted in the brain.” They don’t say that anymore.
They recognise that we can already do so much more than we ever expected. As the algorithms get better and the more data we amass, the more precise the models become.
Given that most of this data is being uploaded to cloud servers and kept there indefinitely, you can have very significant longitudinal data. I hired this person when they were 23 and they are 43 now, how effective is their brain at this point? Have they served their good useful lifetime of service to us?
Yes, potentially. The question is how effectively are they going to be able to do that in real time today. Can they set you up with a headset and probe your brain and figure out how you are reacting? Probably not. In the future can they do it? I think so.
We can and should require employers to do better. To say, here’s a transparent way that we’re planning on implementing [best practices] in the workplace. We’re giving the data to you to use. We’re not storing it.
There is a real risk that people won’t have choices. You can’t choose to interview with the only company that doesn’t use brain-based metrics if everybody decides to use them. So I think it’s a combination of people looking out for themselves but also putting into place appropriate default rules at the government level and trying to encourage corporate responsibility.
Interview has been condensed and edited.
Waldorf Astoria Kuala Lumpur is scheduled to open on 30 October, introducing the Hilton luxury brand to Malaysia with an all-suite hotel in the city’s Golden Triangle.
Located steps from Crows Nest Metro, the near-complete development brings luxury living to Sydney’s Lower North Shore.
Buyers of Aston Martin’s 1,079PS Valhalla can commission one of two bespoke Breitling Super Chronomat watches, with colours and personalised details inspired by their individual car.
The relationship between cars and watches has produced countless branded chronographs, racing editions and logo-bearing collaborations. Breitling and Aston Martin are taking a more personal route with a new watch program reserved exclusively for owners of the Valhalla supercar.
Rather than offering every customer the same limited-edition watch, Breitling is opening part of its Super Chronomat design process to Valhalla owners. A dedicated configurator will allow each buyer to commission a timepiece inspired by the specification of their car and their individual tastes.

Two Super Chronomat models are available: a technically ambitious 44mm perpetual-calendar chronograph and a more compact 38mm automatic watch.
The flagship is the Super Chronomat B19 44 Perpetual Calendar Chronograph. Presented in a 44mm titanium case with Breitling’s distinctive Rouleaux bracelet, it combines a carbon-fibre dial with one of mechanical watchmaking’s most sophisticated complications.
Its automatic perpetual calendar accounts for months of different lengths, leap years and the phases of the moon. Provided it continues running, the calendar will not require manual correction until 2100—the next centurial year that will not be recognised as a leap year.
The B19 movement also provides a 96-hour power reserve, allowing the watch to be left unworn for four days without stopping. A display caseback exposes the movement and black rotor.
Valhalla owners can customise the colour of the inner bezel, seconds hand and chronograph counter hands. The rotor can also be engraved, creating a more permanent connection between the watch and its owner.

The second option, the Super Chronomat Automatic 38, offers a less complicated and more restrained interpretation.
Its 38mm stainless-steel case is paired with a textured carbon-fibre dial, a titanium crown and a diamond-set bezel. The automatic three-hand display incorporates a date window at six o’clock, while customisation extends to the colours used for the inner bezel and hands, together with a personalised caseback engraving.
The combination of carbon fibre and diamonds might appear contradictory, but it captures the dual character of the Valhalla: a car built around highly technical performance that remains unmistakably positioned as a luxury object.
The watch program draws directly from Aston Martin’s first series-production, mid-engined plug-in hybrid supercar.
Valhalla combines a 4.0-litre twin-turbocharged V8 with three electric motors to produce 1,079PS. Aston Martin claims it can accelerate from zero to 62mph—approximately 100km/h—in 2.5 seconds and reach 217mph, or about 349km/h.

Production is limited to 999 examples worldwide.
Formula One-derived technology and aerodynamic development have played central roles in the car’s engineering, but customisation is equally important to its ownership proposition. Breitling’s configurator extends that process from the Aston Martin specification studio to the wrist.
Each car will be produced at Aston Martin’s headquarters in Gaydon, England, while the watches will be made at Breitling’s Chronometrie in La Chaux-de-Fonds, Switzerland.
The program also reflects a broader change in the luxury market. Exclusivity is increasingly being defined by access rather than the simple production of another numbered edition. These watches cannot be purchased merely by joining a waiting list or paying a premium on the secondary market; the commission begins with ownership of the corresponding car.
That restriction gives the project greater authenticity than a conventional co-branded release. The strongest configurations should be those that use colour and engraving to create a subtle relationship with a particular Valhalla, rather than attempting to reproduce the car too literally.
For Valhalla buyers, the choice ultimately comes down to two very different expressions of the same idea. The 44mm B19 is the serious collector’s proposition, built around a rare combination of perpetual calendar and chronograph. The Automatic 38 is simpler, smaller and likely more versatile as an everyday watch.
Both turn the usual automotive-watch collaboration into something more individual: a timepiece configured alongside one of Aston Martin’s most significant new cars.
Program: Bespoke Breitling Super Chronomat watches for Aston Martin Valhalla owners
Available models: Super Chronomat B19 44 Perpetual Calendar Chronograph and Super Chronomat Automatic 38
B19 case: 44mm titanium
B19 power reserve: Approximately 96 hours
B19 complication: Automatic perpetual calendar chronograph
Automatic 38 case: 38mm stainless steel
Shared design element: Textured carbon-fibre dial
Customisation: Selected colours and personalised engraving
Availability: Exclusively for Aston Martin Valhalla owners
Valhalla production: Limited to 999 cars worldwide
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