Summary

The present report sets out the basis for the creation of a conceptual framework for regulating the use of neurotechnologies and the processing of neurodata, from the perspective of the right to privacy. In particular, the report deals with key definitions and establishes fundamental principles to guide regulation in this area, including the protection of human dignity, the safeguarding of mental privacy, the recognition of neurodata as highly sensitive personal data and the requirement of informed consent for the processing thereof. Emphasis is also placed on the inclusion of ethical values and the protection of human rights in the design and use of these technologies and on the application of the precautionary principle, demonstrated accountability, the secure handling of neurodata, non-discrimination and the effective protection of the rights of individuals in the processing of their neurodata. This approach seeks to establish a sound basis for ensuring that the regulation of neurotechnologies is consistent, ethical and designed to safeguard fundamental rights.