The protection of neural rights in the age of neurotechnologies and AI. the ethical challenge for law and neuroscience

Objective: to summarize neuroscientific knowledge and experience about neurotechnologies and the neuropsychological, legal, ethical and social consequences of their use; to indicate possible prerequisites for a critical discussion of the legal regulation issues. Methods: general scientific, abstract-logical, dialectical, phenomenological methods, observation, description, comparative analysis. Results: a comparative analysis shows that the use of new neurotechnologies lacks clarity and transparency. Moreover, they are studied only superficially and are used without clear documentation for the end user. This is evident, for example, from the recent ruling of the Constitutional Court of Chile. At the same time, excessive and unreasonable efforts are sometimes made to introduce new regulations to create “new rights”. This is often the result of insufficient knowledge of the legislator, as well as excessive activity in regulation. It is worth noting that modern society is passionate about the prospects offered by neurotechnology. Success stories, actively broadcast for commercial purposes, create inflated expectations among the population, giving rise to so-called neuro-charm and contributing to the spread of “neuromythes”. This trend is compounded by a lack of knowledge about the failures and limitations associated with the development of neurotechnology, which creates a distorted view of the real situation. Overcoming these phenomena requires active educational efforts in conjunction with legal regulation mechanisms, in particular, legislation on consumer protection, product safety standards, and antimonopoly legislation. Scientific novelty: studies of the legal regulation of neurotechnology, as well as studies of neural rights from the perspective of law, ethics and sociology are extremely rare. The article has scientific value as a debatable foundation for future research. Practical significance: based on the correct definition and application of neurotechnologies and the latest neuro neuroscientific approaches, as well as on the analysis of recent debates about the need to regulate and introduce “new rights”, we conclude that neural rights are already clearly defined. However, their practical application requires the development and strict observance of reliable protection measures in the field of new technologies.