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In October of 2021, Chile became the first country in the world to approve a constitutional reform that explicitly integrates legal safeguards against the misuses of medical and commercial neurotechnological applications (Law N° 21.383). This legislative initiative was aimed to show the Chilean government’s explicit concern about how neurotechnological progress could negatively impact society if not properly regulated. Due to its novelty and nature, this constitutional amendment has been the target of heated debate over the last years. The aim of this chapter is twofold. First, after specifying the ethical concerns that gave rise to the Chilean constitutional reform, we clarify the conceptual and legal foundations contained in the core message of the bill proposed and discussed by the Senate of Chile (Bulletin 13.827–19). After, we offer some critical considerations about the content of the bill and the way in which it is aimed to incorporate the so-called ‘neurorights’ to the Chilean legal order.

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Neural Data and Neuroprotection in the Chilean Constitution Reform Bill: Critical Considerations

  • 章节

  • 发表日期：

    2025年

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  • Pablo López-Silva,
  • Raúl Madrid

摘要

In October of 2021, Chile became the first country in the world to approve a constitutional reform that explicitly integrates legal safeguards against the misuses of medical and commercial neurotechnological applications (Law N° 21.383). This legislative initiative was aimed to show the Chilean government’s explicit concern about how neurotechnological progress could negatively impact society if not properly regulated. Due to its novelty and nature, this constitutional amendment has been the target of heated debate over the last years. The aim of this chapter is twofold. First, after specifying the ethical concerns that gave rise to the Chilean constitutional reform, we clarify the conceptual and legal foundations contained in the core message of the bill proposed and discussed by the Senate of Chile (Bulletin 13.827–19). After, we offer some critical considerations about the content of the bill and the way in which it is aimed to incorporate the so-called ‘neurorights’ to the Chilean legal order.