Neurorights in BCI Applications: a Private Law Perspective

This paper explores brain–computer interface (BCI)applications under a private law perspective with the aim of demonstrating how the legal issues deriving from the use of these technologies can be dealt with through the interpretation of the existing regulatory framework at the supranational and nationallevels (neurorights and fundamental freedoms), in the latter case, making reference to Italian law. We adopt a right-based approach not only to lay the legal foundations for a safe, reliable and trustworthy technology,but also to evaluate its impact on human decisions and juridical acts, and to assess how much of the human will remains in these hypotheses. The paper includes three case studies related to vulnerabilities or disabilitiesof current and prospective BCI users, with a particular focus on the Italian legal system.