Contextualising Mental Privacy in South Africa: Legal, Ethical, and Socio‐Cultural Considerations With Policy Recommendations

Abstract

Mental privacy is a growing concern as neurotechnologies and digital mental health tools collect and process sensitive brain-related data. In South Africa, cultural and religious diversity adds complexity to protecting mental privacy, with traditional healing practices, communal decision-making, and spiritual beliefs influencing mental health perceptions and care. This article examines the ethical, legal, and socio-cultural challenges of mental privacy in South Africa, focusing on cognitive autonomy, informed consent, and exploitation risks. It critiques global regulatory frameworks, highlighting the limitations of the EU's GDPR and the fragmented US approach in addressing culturally diverse and economically unequal contexts. The article proposes enhancements to South Africa's Protection of Personal Information Act, emphasising the need for explicit classification of neural and mental health data as sensitive categories. Additionally, it recommends culturally informed consent processes, collaboration with traditional and religious leaders, and public awareness initiatives to ensure inclusive mental privacy protections that respect cultural diversity while safeguarding individual rights.