Principles of Research with Neurotechnologies and Artificial Intelligence: A Comparative Analysis of Latin American and European Laws
摘要
The chapter examines the ethical and legal implications of neurotechnologies and AI, particularly in research activities where such technologies are increasingly being used. The use of neurotechnologies is regulated in Chile, and other Latin American countries are adopting specific regulations. Within the European Union, there is no legislation on neurotechnologies, but other legal disciplines, such as the Artificial Intelligence Act and the General Data Protection Regulation, are applicable to some extent. In any case, both Latin American and EU legal systems do not focus their attention on the use of neurotechnologies and AI in research activities. Therefore, a key argument is the need for a principles-based ethical framework to guide research in this area. These principles are internal to the legal systems of the European Union and Latin America. The chapter identifies some applicable ethical principles such as human dignity, respect for fundamental rights (including neurorights and cognitive freedom), self-determination, solidarity, precaution and proportionality. It also recalls specific ethical principles applicable to AI and neurotechnologies: human agency and control, transparency, technical robustness and safety, diversity/non-discrimination/fairness, and consideration of cross-cultural perspectives. In summary, the work argues for a strong ethical foundation, based on key principles and values, to guide neurotechnology and AI research and ensure the protection of human rights and dignity as rapid advances in these fields continue.