An alternative focus on data in the neurorights discussion – Lessons from Brazil

Abstract

Developments in neurotechnology are prompting concerns about the concepts of mental privacy, mental integrity, and cognitive liberty, among others. Many researchers and some policymakers have begun to propose that novel human rights are required to meet the challenges emerging neurotechnology poses. These proposals have seen high-profile discussion, gaining already state-level recognition in Chile. Others advocate a different approach by concentrating on data protection. This brief recommends this kind of focus in order to (i) help researchers to regulate the pace of development and (ii) respect the potential for risks to individuals by permitting them greater control over how their neurodata is used. A data-centred approach is an agile means of providing legal and ethical protection and permitting the direction of neurotechnology development toward producing positive impacts. This brief also refers to legislative change in Brazil, contrasted with Chile, where data law is to be revised to pre-empt neurotechnological issues. The Brazilian model emerges as an alternative that ought to be replicated by other lawmakers globally.