Interdisciplinary Studies

Chilean Supreme Court ruling on the protection of brain activity: neurorights, personal data protection, and neurodata

M. I. Cornejo-plaza, R. Cippitani, et al.

This paper dives into a Chilean Supreme Court ruling on brain activity protection, focusing on the neurodata collected by Emotiv Inc.'s device. The authors reveal the shortcomings of current data protection laws and propose a novel concept of 'neurorights' to safeguard privacy and human dignity in the realm of neurotechnology. Discover the insights of María Isabel Cornejo-Plaza, Roberto Cippitani, and Vincenzo Pasquino.

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Playback language: English

Index

Abstract

This paper analyzes a Chilean Supreme Court ruling on the protection of brain activity, specifically concerning neurodata collected by Emotiv Inc.'s "Insight" device. The court grappled with whether neurodata constitutes personal data and whether existing data protection laws are sufficient. The authors argue that current regulations are inadequate, highlighting the unique characteristics of neurodata and the potential risks to privacy and human dignity. They advocate for a broader framework encompassing "neurorights," which extends beyond data protection to address the specific ethical and legal challenges posed by neurotechnologies.

Publisher

Frontiers in Psychology

Published On

Feb 29, 2024

Authors

María Isabel Cornejo-Plaza, Roberto Cippitani, Vincenzo Pasquino

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