Brain-computer interface and the legal protection of personal data

The human brain is the material carrier of mental activity and is an extremely complex neural network consisting of countless neurons. With the current development of brain-computer interface technology, humans can collect and amplify electrical signals in the brain caused by neuron activity using sensors, process them to achieve the effect of decoding brain activity state and intention, and transmit the brain activity state and decoding results to a brain-computer interface manipulator. Human thought is no longer an area that cannot be touched by any means. Brain-computer interface technology interferes with human thought with specificity, and people can be probed and change their thoughts unknowingly. The application field of brain-computer interface is gradually expanding from the medical industry to entertainment, recreation and commercial applications. This article analyzes and evaluates the various risks caused by brain-computer interface technology, their extent and the main problems existing in the current legislation, proposes the enshrinement of “neurological rights” in the law and clarifies the key aspects that government agencies, medical institutions and enterprises should pay attention to when introducing brain-computer interface technology.

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Publication Details

Journal
Courier of Kutafin Moscow State Law University (MSAL)
Published
2024-12-06
DOI
https://doi.org/10.17803/2311-5998.2024.122.10.141-149
Primary Topic
EEG and Brain-Computer Interfaces
Type
article
Field-Weighted Citation Impact
0.00
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Brain-computer interface and the legal protection of personal data

Yao Li
Courier of Kutafin Moscow State Law University (MSAL)
EEG and Brain-Computer Interfaces
article

Brain-computer interface and the legal protection of personal data

Yao Li
article en

Abstract

The human brain is the material carrier of mental activity and is an extremely complex neural network consisting of countless neurons. With the current development of brain-computer interface technology, humans can collect and amplify electrical signals in the brain caused by neuron activity using sensors, process them to achieve the effect of decoding brain activity state and intention, and transmit the brain activity state and decoding results to a brain-computer interface manipulator. Human thought is no longer an area that cannot be touched by any means. Brain-computer interface technology interferes with human thought with specificity, and people can be probed and change their thoughts unknowingly. The application field of brain-computer interface is gradually expanding from the medical industry to entertainment, recreation and commercial applications. This article analyzes and evaluates the various risks caused by brain-computer interface technology, their extent and the main problems existing in the current legislation, proposes the enshrinement of “neurological rights” in the law and clarifies the key aspects that government agencies, medical institutions and enterprises should pay attention to when introducing brain-computer interface technology.

Courier of Kutafin Moscow State Law University (MSAL)(10)
East China University of Political Science and Law (CN)
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
EEG and Brain-Computer Interfaces
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