Artificial intelligence (AI) has become a key factor in the advancement of many fields, but it is also a new frontier in the development of neurotechnologies. Beyond its growing popularity in fields such as automation, content generation or data analysis, its use in the study of the human brain and related interventions raises significant moral and ethical questions about the potential of AI tools and their relationship with fundamental rights and freedoms.

Now, a recent study by a researcher at the Universitat Oberta de Catalunya (UOC) has examined this intersection between innovation and ethics in the context of the European AI regulation and its impact on the development of neurotechnologies. "Right now, all these technologies are moving forward very quickly, threatening the very essence of what makes us human, which is the ability to think and make our own decisions," said Miguel Ángel Elizalde, coordinator of the Research Group on International Relations and International Law (GERD) and member of the Faculty of Law and Political Science.

The study, which has been published in open access, examines emerging ethical concerns and warns of potential human rights violations in the fields of mental privacy, freedom of thought and individual autonomy. The researcher also examined whether the current legal framework is adequate or new specific rights will have to be established to address a type of technology that could eventually influence people's mental processes.

Neurotechnology innovation

Neurotechnologies are tools and applications used to measure and record various types of brain signals, such as electrical, magnetic, optical, acoustic or mechanical signals. They also include technologies capable of influencing neuronal processes.

For decades, these technologies have been developed primarily in clinical and experimental settings, with a particular emphasis on neurological disease diagnosis and scientific research. However, the use of AI has made it possible to test the current limits in order to go further and fully transform this field.

Until now, no tools were capable of managing the huge amount of information produced by the human brain in the form of complex signals. These processes were impossible to interpret without advanced processing systems. However, this has now changed completely. Thanks to the development of AI and its application to neurotechnologies, we can identify patterns, correlations and meanings in the data, turning seemingly chaotic signals into information that is useful and actionable.

This capability has turned neurotechnologies from mere observation tools into systems capable of interacting with the mind, especially when using other technological advances to support neuroimaging technologies, which are technologies designed to study brain function and structure. Neurointervention technologies, for their part, are designed to act directly on neuronal processes by stimulating or modulating brain activity. Examples include certain brain-computer interface neurostimulators.

These brain-computer interface devices can operate as both open- and closed-loop systems, as they both translate the brain signals received and can even send them, enabling actions to be modified or adjusted. "For example, an aeroplane controlled by a brain-computer interface device sends information such as wind conditions or pressure directly to the brain, allowing it to change direction," said Elizalde, who is also a researcher at the Digital Transformation and Governance Research Centre (UOC-DIGIT).

Associated risks

Given their potential in the field of neurotechnology, AI applications present many risks linked to the possibility of using them to interfere with people's thoughts and mental states, such as emotions, intentions or preferences, which is cause for major ethical and moral concerns. On the one hand, there is the idea that, without appropriate regulations, these tools could be used to extract sensitive information from a person's brain or affect their behaviour without their full knowledge.
Elizalde warned that "when used in combination with AI, neurotechnologies could potentially make inferences about the subjective content of a person's mind and affect their mental processes, in turn influencing their behaviour." As a result, they could potentially identify emotional states, beliefs or private preferences, with huge implications and consequences in all social and professional spheres.

On the other hand, however, neurotechnologies can bring extraordinary benefits in fields such as medicine, mental health or neurorehabilitation. From treatment for degenerative diseases to spinal cord injuries, their potential applications could be life-changing for millions of people.

Regulatory framework and the AI Act

Against this background, the European AI Act addresses some of these scenarios by banning systems designed to manipulate behaviour through subliminal techniques or deception. However, this regulation could stand in the way of research and development in Europe, shifting innovation towards regions with more permissive legal frameworks.

So far, technologies in the research and development stage are not covered by the regulation but, in view of its progress, European and foreign manufacturers wishing to market their products in Europe will be subject to stricter conditions, which may affect their competitive position in international markets.

"There's a risk that it will make innovation in Europe more difficult than in other parts of the world; it's a legitimate concern. However, we mustn't lose sight of the risks of not regulating," said Elizalde, emphasizing that using AI and neurotechnologies to "rewrite a person's mind" would be banned under the European regulation.

"This prohibition is based on the aim of protecting people's right to freely decide against any AI system with behaviour-altering capabilities that circumvent rational control, which is considered an unacceptable risk of AI," said Elizalde.

Designing new rights

Due to the possible risks and conflicts associated with their use, experts have raised many questions about the rise of these technologies and the need for new rights, known as neurorights, to protect mental privacy, personal identity and free will against potential technological abuses.

"The regulation clearly applies to AI and is not specifically designed for neurotechnologies. However, neurotechnologies are increasingly using AI and working very closely with this technology," said Elizalde.

However, in the UOC researcher's opinion, current human rights and the European regulatory framework could be sufficient if their interpretation is tailored to technological contexts, as they can be interpreted in a way that protects people from invasions of privacy or attacks against their freedom of choice. "Above all, they protect the rights to freedom of thought, privacy and integrity in its various forms. This means that the establishment of new neurorights would not be essential," said Elizalde.

According to this view, new legal categories would not be required. Instead, existing ones would have to be adapted to address the risks associated with the application of AI to the brain. This interpretation eliminates the risk of fragmenting the human rights system and supports the idea that fundamental guarantees must evolve at the same pace as society.


This project, which is part of the UOC's "Ethical and human-centred technology" research mission, supports UN Sustainable Development Goals SDG 9, Industry, Innovation and Infrastructure; and SDG 16, Peace, Justice and Strong Institutions.

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