The Invasion of the Mind: Neuroscience, Neurodata, and the Digital Rights Crisis

Abstract

The rapid advancement of neurotechnology, including Brain-Computer Interfaces (BCI) and neurodata mining, has opened a critical new frontier for Human Rights. This article presents an extensive bibliographic review on the emergence of the so-called neurorights as a response to the potential infringement of mental privacy, personal identity, and free will in the digital age.  The research examines the impact of the mass collection of brain data by consumer and medical devices, highlighting the insufficiency of existing data protection regulatory frameworks (such as the European GDPR) to address the intrinsically sensitive nature of neurocognitive information. The proposal for specific neurorights (mental privacy, personal identity, free will, equitable access) and the ongoing academic and legislative debate, especially in pioneering countries like Chile, is discussed. Conclusions emphasize the urgent need to adapt the law in light of neuroscientific discoveries to preserve human dignity and autonomy in the Fourth Industrial Revolution.