Los Neurodatos y su protección frente a la Inteligencia Artificial y las Neurotecnologías

Neurodata, i.e. data from the examination of human brain activity and the nervous system, can be collected by different neurotechnologies with the use of Artificial Intelligence both in the medical field, from the diagnostic point of view especially through electroencephalography, brain-computer interface, functional magnetic resonance imaging etc., but also in health therapies and rehabilitation activity; in marketing and consumer services (e.g. video games and other entertainment applications), in applications for security purposes, to their use in criminal prosecution or for military purposes. This research attempts to elucidate from a legal point of view the nature and scope of neurodata with special emphasis on the question whether they can be considered as personal data or whether a specific regulation such as the Chilean one is necessary. Submission: 10/01/24| Review: 10/04/24| Approval: 10/04/24