BCI Technologies

In line with:

• The promises and risks of brain-computer interfaces in the EU; 

• the EU’s public health strategy. 

The widespread use of such devices across various sectors  (e.g.  health, work, education, defence, marketing, gaming, arts) calls for  a legal and ethical examination of their impact on:

•  human health;
• decision-making processes;
• the potential enhancement of users’ cognitive abilities.  

These issues are particularly relevant in the case  of neurotechnological devices based on artificial intelligence, such as brain-computer interfaces (BCIs). In particular, the question arises as to the actual autonomy of users: the influence that such devices may exert on users of AI-linked BCIs raises  questions about the validity of the contracts they enter into. A further aspect concerns the recognition – or lack thereof – of the legal capacity of people with certain types of disability. Finally, data protection assumes central importance in brain research and cognitive technologies, with particular reference to brain and mental data.

 In particular, the question arises as to the actual autonomy of users: the influence that such devices may exert on users of AI-linked BCIs raises  questions about the validity of the contracts they enter into.

A further aspect concerns the recognition – or lack thereof – of the legal capacity of people with certain types of disability. 

Finally, data protection assumes central importance in brain research and cognitive technologies, with particular reference to brain and mental data.