Accessible Neural Information and the Crisis of Democratic Principles of Law

Abstract

This study examines the impact of neurotechnologies and brain-computer interfaces (BCIs) on the understanding and management of brain activity, focusing on their legal, ethical, and social implications. Advanced neuroimaging techniques and machine learning now enable the decoding of neural signals, generating neurodata with applications in medical, military, and commercial fields. However, these technologies raise concerns about protecting fundamental rights, such as freedom of thought, privacy, and self-determination.

Access to neurodata presents challenges in forensic contexts, where the use of BCIs could undermine the presumption of innocence and the right to remain silent. The study analyzes regulatory examples like Chile’s introduction of “neuro-rights,” advocating for the classification of neurodata as sensitive personal data and the development of frameworks that balance innovation with the protection of rights.