{
  "node_id": "chile-ley-21383-2021-neurorights-constitutional-amendment",
  "title": "Chile Ley No. 21,383 (2021) Constitutional Amendment Establishing Neurorights",
  "domain": "AI Governance & Law",
  "version": "1.0.0",
  "last_updated": "2021-10-25",
  "bluf": "Ley No. 21,383 of 25 October 2021 amended Article 19 paragraph 1 of the Constitution of the Republic of Chile to recognise the development of science and technology at the service of persons and to confer constitutional protection of physical and mental integrity in respect of the increase of scientific and technological capacities. The reform makes Chile the first country in the world to establish constitutional protections for neurorights, recognising brain activity and the information derived from it as a protected dimension of personal integrity. The reform was the product of a multi-year process led by the Senate Committee on Future Challenges, Science, Technology and Innovation in collaboration with the Columbia University NeuroRights Foundation and was approved by the Chamber of Deputies on 7 September 2021.\n\nThe constitutional reform delegated detailed regulation of neurorights to ordinary law. Boletín 13.828-19 is the pending bill in the National Congress that would establish detailed rules on neurorights including the right to mental privacy, the right to personal identity, the right to free will, the right to equitable access to mental augmentation technologies, and the right to protection from algorithmic bias. The Supreme Court of Chile issued a precedent-setting decision on 9 August 2023 (Causa Rol 90.456-2022) ordering the manufacturer of a consumer brain-computer interface device (Emotiv Inc.) to delete neural data collected from a Chilean researcher and recognising neural data as protected under the Article 19 paragraph 1 constitutional amendment. The decision is the first global judicial application of constitutional neurorights protections to a commercial neurotechnology device.",
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  "dependencies": [
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  "primary_citations_count": 7
}