The artificial intelligence has had an important influence on the improvement of the Health and the living conditions of humanity through technologies as the implantation of Technological devices in the brain for him treatment of diseases either disabilitieswhich might seem like something out of a science fiction story, but today they are a reality.
Naturally, this brings with it important dangers Y risks for the Healththe physical integrity Y mental, as well as for brain activity. To deal with these risks, sanitary approvals or regulatory measures have been indicated as suitable measures; however, we believe that for modern challenges —futuristic even— we need modern regulations, since the technological developments described far exceed the regulations that would be imposed on medicines, for example.
For this reason, in the field of human rights, the notion of neurorightswhich are presented as a new and modern formulation of such rights to refer to the protection of the brain and mind in the context of complex advances in artificial intelligence and biomedical technologies.
In this regard, actors such as the Inter-American Juridical Committee have issued a Declaration on Neuroscience, Neurotechnologies and Human Rights in which ethical concerns about the impact of these technologies on values such as human dignity, personal freedom, identity or privacy are pointed out. (1).
It is important to note that interesting initiatives have recently been promoted in the Latin American region to address these issues. Highlight, for example, the International Artificial Intelligence Congress, neurorights, Digital Platforms Y metaverse, carried out at the end of October of this year in the city of Santiago de Chile, sponsored by the Senate of that country and the Future Congress. In this instance, various people interested in the treatment and debate of these interesting topics that have put the traditional ways of regulating the protection of privacy from the field of law at the crossroads met virtually.
Also, from the Personal Data Protection Commission of the National Transparency System, Since the publication of the code of good practices called the Bill of Rights of the Person in the Digital Environment, we have sought to encourage the recognition of the neurorightssuch as the right to preservation of the personal identity, to privacy of neural datato the non-interference of the freedom of decision Yet the equity in the improvement of the brain capacity.
The progress of the technology will hardly stop and will bring with them greater and more important challenges for the protection of the person and its essential purposes such as self determinationthe dignity and the privacy. Therefore, given the potential risks that these developments entail, it is extremely important to undertake initiatives aimed at understanding and mitigating these dangers.
1. Inter-American Juridical Committee, Declaration of the Inter-American Juridical Committee on Neuroscience, Neurotechnologies and Human Rights: New Legal Challenges for the Americas. Available in: