In recent years, advances in neurotechnology have reached a turning point. Companies such as Neuralink already carry out clinical trials with brain-ordered interfaces in humans, while Non -invasive devices such as EEG headphones developed by Muse or Neurable that allow “reading” basic states of concentration or stress.
This progress raises a crucial question: where to finish our mental intimacy? In 2021 Chile it became the first country in the world to constitutionally protect neurodeings, expressly prohibiting the non -consented manipulation of brain activity. Its model, Law 21,383, was developed with international scientists and is being used as a reference for the European Union, where these guarantees are discussed in the future artificial intelligence law.
However, the controversy is served. On the one hand, Digital Rights Organizations denounce that great technological ones could market our brain patterns as new “biometric data”creating the most invasive market in history. Cases such as Chinese workers monitored with EEG caps in factories already show the dark side of these technologies.
At the same time, some neuroscientists argue that Too strict regulation could stop crucial medical advancesas interfaces that allow people with total paralysis.
The potential benefits are undeniable. Neurotechnologies promise to revolutionize the treatment of diseases such as Alzheimer’s, depression or Parkinson, allowing precise and personalized brain stimulation. In the workplace, safe and ethical devices could help prevent chronic stress or improve security in high -risk jobs. Even in education, systems that detect real -time learning difficulties could transform classrooms.
The current challenge is to find the balance between innovation and protection. While the EU prepares its legal framework, Spain could position itself as a neuroota leader Thanks to pioneer centers such as the Barcelona Neurode Center.
Thus, in the next decade, we will probably have to redefine concepts as basic as what we consider “private thought” or how far the artificial cognitive improvement can go without creating insurmountable inequalities. The conversation about neuroders has just begun, and its development will mark the course of coexistence between humans and technology.
The greatest legal difficulty of neurodechos is to define qUé is “mental intimacy” in a world where technology advances faster than the law.
Where to trace the line?: Is it an EEG of € 20 equally “private” as an intracortical chip? The law needs clear categories, but technology is a spectrum. In Chile, for example, The law protects “neuronal data”, but does not specify whether it includes indirect brain signals (as the heart rate linked to emotions).
It is also very complex to confirm that A user really understands the risks of sharing their brain datafor example: in 2023, a meditation application sold anonymous data of brain waves to advertisers.
It must also be borne in mind that there is a legal vacuum: while the EU debate regulations, companies based in digital paradises (such as some of Wearables EEG) extract brain data from Europeans without control. As Apply sanctions to a Chinese company that sells this type of devices on Amazon?
The EU will have its first draft draft in 2025, but with gaps: It will not cover, for example, indirect brain data (such as that guess your thoughts for the eye movement).
The non -return point will be between 2030 and 2040. If the legislation is effective, mental privacy will be protected, and neurotechnologies are used only for medicine, otherwise we may begin to see Companies that require cerebral chips for high responsibility positions.
In 1995 the Internet already existed, but nobody foreshadowed Facebook and The laws were behind technology. Now, we are still on time.