The brain, together with the spinal cord, constitute the central nervous system, which plays a crucial role in regulating and coordinating various bodily functions including human cognitive capabilities. The intricate and peculiar activity of the brain has always been a field of study considered particularly interesting. Throughout the years, several different techniques have been proposed to interpret, or interact with, the functions of the human brain. Brain imaging techniques were originally developed, and still mostly applied, in the context of clinical medicine and neuroscientific research. Transcranial Magnetic Stimulation (TMS) has proved effective for migraine treatment, Deep Brain Stimulation (DBS) is increasingly used as a treatment for essential tremor, Parkinson's disease, dystonia, and obsessive-compulsive disorder and the most recent Brain Computer Interfaces (BCIs) are able to restore senses such as sight or hearing. However, in recent years, there is a worrying trend towards a technically possible, though ethically and legally questionable use of some neurotechnologies within a constantly evolving market of services. For example, several multinational companies use neuromarketing research services to measure human brain reaction to ads or products. In addition, a number of neuromarketing companies apply neuroimaging techniques to study, analyse and predict consumer behaviour. Neurotechnologies have also been used in portable devices for a number of daily activities including education, gaming and entertainment (e.g. wireless helmets connected to smartphones and personal computers). The use of artificial intelligence ('AI') systems may also make technically possible exploitation of neurodata for purposes such as law enforcement, screening of migrants and asylum seekers, as well as by private entities for instance for workplace or commercial surveillance. In this context, it is important to underline that that certain uses of neurodata pose unacceptable risks to fundamental rights and are likely unlawful under EU law. Section 3 of this TechDispach will highlight a number of the risks at stake.
