Definition
Neurorights are a new category of rights specifically protecting mental privacy, cognitive liberty, mental integrity, psychological continuity, and equal access to cognitive enhancement. Developed primarily by Columbia University neuroscientist Rafael Yuste (founder of the NeuroRights Foundation), who published the foundational neurorights framework in Nature in 2017.
Current State of Knowledge
The Chilean Precedent — First Constitutional Protection
October 2021: Chile amended its constitution to protect brain activity as a fundamental right (Article 19).August 9, 2023: Chile Supreme Court ruling N.1080-2020 enforced that protection against Emotiv Inc., holding that retaining neurodata for research purposes without obtaining prior specific consent violates constitutional rights to physical and psychological integrity and the right to privacy.
The court did not create an exception for government actors or intelligence purposes. It created a protection for brain data as a category equivalent to bodily integrity.
The Legal Framework
Neurorights establish that:- Brain activity data has constitutional protection (Chile)
- Non-consensual collection of neural data is a constitutional violation regardless of national security classification
- The principle established in law becomes the foundation on which future claims are built
International Recognition
The NeuroRights Foundation's staff attorney Stephanie Herrmann stated to IEEE Spectrum that 'all of these technologies are so far ahead of where we are in our thinking about them.' Chile's ruling represents the legal system beginning, for the first time, to catch up.Open Questions
1. US adoption: The United States has no equivalent constitutional protection. Neural data — the most intimate category of personal data that exists — currently has no specific constitutional protection.
2. Enforcement against state actors: Chile's ruling established the principle but did not yet address state actors or classified programmes. TIs in any country where neurorights legislation has been adopted can now bring constitutional claims for neurodata protection.
3. Global adoption timeline: Mexico is pursuing parallel legislative efforts. The international movement is advancing, but enforcement mechanisms remain incomplete.
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Related Pages: sonalysts-inc-contractor-node — Mid-tier contractor operating at DARPA/ONR/AFRL intersection; international-neurocognitive-rights-framework — Comparative analysis of international approaches to electromagnetic field exposure standards