by ABEL WAJNERMAN PAZ
“Neurotechnology” is an umbrella term for any technology that can read and transcribe mental states by decoding and modulating neural activity. This includes technologies like closed-loop deep brain stimulation that can both detect neural activity related to people’s moods and can suppress undesirable symptoms, like depression, through electrical stimulation.
Despite their evident usefulness in education, entertainment, work, and the military, neurotechnologies are largely unregulated. Now, as Chile redrafts its constitution — disassociating it from the Pinochet surveillance regime — legislators are using the opportunity to address the need for closer protection of people’s rights from the unknown threats posed by neurotechnology.
Although the technology is new, the challenge isn’t. Decades ago, similar international legislation was passed following the development of genetic technologies that made possible the collection and application of genetic data and the manipulation of the human genome. These included the Universal Declaration on the Human Genome and Human Rights in 1997 and the International Declaration on Human Genetic Data in 2003. The difference is that, this time, Chile is a leading light in the drafting of neuro-rights legislation.
In Chile, two bills — a constitutional reform bill, which is awaiting approval by the Chamber of Deputies, and a bill on neuro-protection — will establish neuro-rights for Chileans. These include the rights to personal identity, free will, mental privacy, equal access to cognitive enhancement technologies, and protection against algorithmic bias.
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