Neurodata: the new generation of data

Neurodata is a little-known term that is already making the world talk these days, but much more will be talked about in the coming years, because when we talk about neurodata, we refer to the information coming from our brain and therefore, related to our person.

If neurodata can be related to our person, it would be considered as personal data, in the same way as a medical record, and therefore, it must be protected by applying to its treatment the limits established by the General Data Protection Regulation(GDPR) or other specific regulations.

Why is it necessary to protect neurodata?

Today, technology is advancing by leaps and bounds and every day it is more and more present in all our areas of development: personal, work, entertainment, health, among others, assimilating this presence as something normal.

Well, this has led to an increase in what is known as “consumer neurotechnology“, meaning all the technologies developed to understand how the brain works, visualize its processes and even control, repair, improve or extend its functions.

If we apply these technologies to devices that we commonly use, or to devices that are used for research or different projects, together with the application of AI, then we already have to talk about consumer neurotechnology, and that is where neurodata becomes an object of protection, as it represents very valuable information about each of us, being able to identify us.

Clear examples of consumer neurotechnology are the activity developed by Neuralink, Elon Musk’s company, which is working on interpreting the activity of neurons by implanting a brain chip that would allow the user to manage his smartphone, access the Internet or make a call, for example, just by thinking about it.

Another example in the field of medical advances is Neuroelectrics, a Spanish company that is developing solutions to alleviate neurological diseases and improve prevention in brain health.

What are neuro-rights?

If we protect the neuradata because it makes us identifiable, then we have to talk about a new generation of rights linked to this protected area, i.e., neuro-rights.

Neurorights are a set of new rights that protect the brain and its activity in the face of advances in neurotechnology.

Neurorights Foundation, chaired by a Spaniard, Rafael Yuste, works tirelessly to defend, protect and raise awareness of the importance of neuro-rights, proposing that these rights be materialized in the following five:

Mental privacy:

Any data obtained from the measurement of neuronal activity should be considered private. In the event that it is stored, the individual should be able to request its deletion.

Personal identity:

It is necessary to preserve the identity of individuals and to place limits on technologies that may disrupt this objective.

Free will:

Individuals should be free to make their own decisions, without suffering any kind of manipulation by neurotechnologies.

Fair access to mental enhancement:

Promote the existence of national and international guidelines to regulate the use of neurotechnologies for mental enhancement.

Protection against bias:

It is necessary to include biases in the algorithms used in neurotechnologies that avoid any type of discrimination as a consequence of the information obtained from neurodata.

Another of the Foundation’s initiatives is the drafting of an ethical framework for entrepreneurs, scientists, investors, etc., who develop neurotechnology, called the Technocratic Oath, which would be similar to the Hippocratic Oath for doctors.

Status of neurodata worldwide

The concern to protect neurodata and legislate neuro-rights is already a reality worldwide.

So far, Chile, Brazil and Spain have made attempts to recognize and legislate on neuro-rights. Chile has been the pioneer country in making attempts to recognize these rights(Supreme Court Ruling, August 9, 2023), followed by Brazil, and Spain, with the Charter of Digital Rights, recognizes the rights in the use of neurotechnologies, establishing in its section 5.XXVI.

However, the first country that has recognized these rights at a legal level has been the State of Colorado (USA) where the first privacy law that includes neuro-rights has just been passed.

We will have to keep an eye on how the regulatory process of these rights evolves in Spain, as we already have the first real example of new rights under the sun.

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