Study on the Definition and Classification of Neural Data in Brain-Computer Interfaces

Brain-computer interface (BCI) neural data refers to information that is directly generated, derived, or inferred through the decoding of neural activity. Its mode of generation imparts both identifiability and inferability. The "first neural data case" in Chile, which introduced the concept of "neural exceptionalism", is shaping a global legislative trend toward treating neural data as a special category of personal information. The Personal Information Protection Law of the People's Republic of China does not currently provide an explicit definition or classification of neural data. Given China's legislative tradition in information protection and the unique features of BCI technology, neural data should be defined as "neural information" and included within the scope of sensitive personal information. This classification would help bridge the normative gap between existing legal frameworks and emerging neurotechnology.