Risks and threats of using neurotechnologies

Abstract

The level of achievement in neurotechnology gives reason to consider the potential threat of third-party access to not only our personal information but also our thoughts. Technologies used in neuroscience already provide this opportunity. On the one hand, neurotechnologies are primarily used for mapping and modifying the activity of the human brain, so legal regulation of their use might seem unnecessary. However, on the other hand, there is a growing trend to rethink the significance and importance of this issue, as the results from using technologies to analyze neural brain activity are beginning to serve as evidence in legal cases. As a result of technological development, neurotechnology will create situations where human thoughts may be "leaked" to third parties as digital data, and the brain will need protection as a source of digital information. The clash of neurotechnology and law, the emergence of new categories of human rights, such as the right to cognitive freedom, and the recognition of neuroinformation as a special category of personal data, require legal regulation. And, there are already examples of States that have recognized the principle of protecting the rights of the brain as constitutional, such as Chile. Other countries are solving the problem of protecting and ensuring the safety of neuroinformation through civil law methods, such as France. This issue requires further research and analysis from the perspective of law, ethics, and technology. Progress in neuroengineering, brain activity visualization, and neurotechnology have created conditions where thoughts and data can "leak" from a digital medium.