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Expert report on the privacy and data protection implication of the use of neurotechnology and neural data from the perspective of Convention 108+

A scientific report on "The privacy and data protection implication of the use of neurotechnology and neural data from the perspective of Convention 108+" prepared by Eduardo Bertoni and Marcello Ienca was presented at the 46th plenary meeting of the Committee of Convention 108 (T-PD) held on 5-7 June 2024 in Strasbourg. It provides a legal and technical description of neurotechnology and neural data; and analyses the impact it may have on human rights and fundamental freedoms, in particular the right to privacy and to the protection of personal data.

The report explores the present and future capabilities of Neural Interfaces and the regulatory initiatives on Neurotechnologies. It proposes workable solutions to mitigate the “mental privacy” challenges. The report places a special emphasis on Convention 108+ in addressing the data privacy implications of neural data processing, highlighting the importance of protecting individuals' privacy while promoting scientific progress and innovation in neuroscience. The Convention 108+ provides a robust framework vis a vis the challenges of the digital age and the complexities of neural research to ensure that individuals' privacy and personal data are adequately protected in the context of neuroscience and brain research.

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