NEUROTECHNOLOGY AND THE LAW: PRIVACY AND LIABILITY CHALLENGES OF BRAIN–COMPUTER INTERFACES IN THE DIGITAL AGE
AUTHOR – ATCHAYA A, GUEST LECTURER, GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI
BEST CITATION – ATCHAYA A, NEUROTECHNOLOGY AND THE LAW: PRIVACY AND LIABILITY CHALLENGES OF BRAIN–COMPUTER INTERFACES IN THE DIGITAL AGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 670-678, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/RSEM7269/
ABSTRACT
The brain-computer interfaces (BCIs) are a revolutionary mixture of neuroscience, biomedical engineering, and digital technology that allows communication between the human brain and external devices. Paralysis, enabled new forms of communication is an examples of the therapeutic and assistive potential that have resulted from the BCI application. At the same time they bring up new critical legal issues. This article looks at the BCI technology’s privacy, security, and liability issues together with its neuro-rights and existing legal frameworks. We investigate the concepts of traditional data protection, medical device regulation, intellectual property law, and tort liability as they relate to neural data and BCI systems, pinpoint the major shortcomings in existing legal protection, and recommend a regulatory framework that is comprehensive and unique that is specifically designed to manage the risks that are characteristic of neuro-modulation. India is given a special status where recent − went through the country’s constitution − recognition of privacy and the Digital Personal Data Protection Act, 2023 are steps towards the future neuro-rights protection, though urgent statutory and regulatory reforms remain necessary.
Keywords: Brain–computer interfaces, neuro-rights, neural data, mental privacy, cybersecurity, liability, DPDPA, neurotechnology regulation