Your browsing history, your location, your political preferences. For years, tech companies have found ways to turn personal data into profit. Now, a new and far more intimate frontier is opening: the electrical signals produced by your brain.

This is not science fiction. Nor is it about brain implants for paralysed patients or experimental medical procedures. A fast-growing consumer market of non-invasive neurotechnology – wearable headsets, brain activity-reading headbands, focus-enhancing devices – is already here, already being sold and already collecting neural data from ordinary users. But the legal and ethical frameworks to govern it are struggling to keep up.

A landmark case from Chile shows why this matters.

In August 2023, Chile’s Supreme Court issued the world’s first ruling on commercial neurodata. The case involved Senator Guido Girardi and Emotiv Inc, a San Francisco company selling the Insight wireless headset – a consumer device marketed for focus, meditation and cognitive performance.

When Girardi began using it, he discovered that accepting the terms of service meant granting Emotiv a worldwide, irrevocable and perpetual licence over his brain data. Unless he paid for a premium account, that data would be stored in Emotiv’s cloud with no way for him to access or export his own neural records.

The Chilean Supreme Court ruled that Emotiv had violated Girardi’s constitutional right to mental integrity,........

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