- Correspondence
- Published:
(2024)Cite this article
69 Accesses
10 Altmetric
On 9 August 2023 the Supreme Court of Chile (SCC) ruled in favor of former senator Guido Girardi in a constitutional protection appeal filed against the neurotechnology company Emotiv1 for violating his rights to privacy and psychological integrity, which are enshrined in Article 19 of Chile’s constitution2. The authors of the present piece — the plaintiff, some of his lawyers and legal advisers, and contributors of pro-plaintiff friend-of-the-court briefs — perceive important ethical-legal and policymaking implications of this ruling, the first in history against a consumer neurotech for violating brain data privacy.
In 2022, the plaintiff purchased and used Insight, a wireless electroencephalography device from Emotiv that collects brain data with the aim of interpreting emotions and executing mental commands3. A critical issue with this product was that users could have access to their brain data only if they bought a ‘Pro’ license; otherwise, these data would remain in the company’s cloud system — even in the case of deleted accounts. Since Girardi chose a free license, his brain data were not available to him; however, as per the company’s privacy policies, they may be transferred to third parties.
This is a preview of subscription content, access via your institution
Access options
Access Nature and 54 other Nature Portfolio journals
Get Nature+, our best-value online-access subscription
24,99 € / 30 days
cancel any time
Subscribe to this journal
Receive 12 print issues and online access
214,86 € per year
only 17,91 € per issue
Buy this article
- Purchase on Springer Link
- Instant access to full article PDF
Prices may be subject to local taxes which are calculated during checkout
References
Supreme Court of Chile. Girardi v. Emotiv (sentence 105.065-2023, page 217.225-2023) (2023); https://t.co/NvogCo9muJ
Ministry of the General Secretariat of the Presidency of Chile. Political Constitution of the Republic of Chile https://www.bcn.cl/leychile/navegar?i=242302&f=2023-05-04 (1980).
Emotiv. Insight: 5-channel wireless EEG headset. https://www.emotiv.com/insight/ (accessed 10 February 2024).
Ienca, M. et al. Neuroethics 15, 20 (2022).
European Union. Charter of Fundamental Rights of the European Union. Off. J. Eur. Union https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12012P/TXT (2012).
Ienca, M. & Andorno, R. Life Sci. Soc. Policy 13, 5 (2017).
Lavazza, A. & Giorgi, R. Neuroethics 16, 10 (2023).
Muñoz, J. M. & Marinaro, J. Á. Front. Polit. Sci. 5, 1322922 (2023).
Ministry of Science, Technology, Knowledge, and Innovation of Chile. Modifies the Carta Magna, to put scientific and technological development at the service of people (Law No. 21.383). Off. J. Republic Chile https://www.diariooficial.interior.gob.cl/edicionelectronica/index.php?date=25-10-2021&edition=43086-B&v=2 (2021).
Yuste, R. et al. Nature 551, 159–163 (2017).
Farahany, N. A. The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology (St. Martin’s Press, 2023).
Muñoz, J. M. Science 379, 1097 (2023).
Edler, J. et al. Res. Policy 52, 104765 (2023).
Ethics declarations
Competing interests
J.M.M., J.A.M. and J.A.I. were pro-plaintiff amicus brief contributors in the Girardi v. Emotiv lawsuit. M.S., N.M. and C.C. were part of the plaintiff’s team of lawyers and legal advisers. G.G. was the plaintiff.
About this article
Cite this article
Muñoz, J.M., Marinaro, J.Á., Iglesias, J.A. et al. Effects of the first successful lawsuit against a consumer neurotechnology company for violating brain data privacy.
Nat Biotechnol (2024). https://doi.org/10.1038/s41587-024-02303-2
Published:
DOI: https://doi.org/10.1038/s41587-024-02303-2