Protecting the Mind: Privacy and Data Protection Challenges in Consumer Neurotechnology

Abstract

Despite diverging opinions on their current and future capabilities, neurotechnologies increasingly promise unprecedented forms of access to the human brain and mind. Moreover, extending beyond the traditionally controlled and highly regulated clinical settings, they are becoming progressively available to the general public for wellness, enhancement, or entertainment purposes. In this context, the right to privacy of the individuals’ brain activity evolves alongside technological development and, serving as a bulwark for the protection of other (mainly absolute) fundamental rights, demands strong protection. In light of this awareness, this study seeks to assess how recent advances in this field challenge traditional data protection principles, and to what extent the evolving EU regulatory framework can meet the changing expectations surrounding the right to privacy in the neurotechnology era. Drawing on a hybrid methodology that combines descriptive legal analysis with normative evaluation, this research seeks to identify regulatory gaps and advance possible solutions aimed at ensuring robust protection of the individuals’ mental sphere, not only as a fundamental right per se, but also as a precondition for the effective enjoyment of a broader spectrum of fundamental rights and freedoms.