The Cognitive Liberty and Neuro-Data Protection Act

Art. 1.

1. Neuro-Data: Any data obtained directly or indirectly from the monitoring of the central or peripheral nervous system, specifically including EEG, fMRI, and BCI implants. This definition excludes data used solely for direct interface control (such as eye-tracking used exclusively to move a cursor), provided such data is not analyzed for cognitive or emotional profiling.

2. Right to Mental Privacy: Every natural person holds the exclusive right to control and dispose of their Neuro-Data. It enjoys a higher status of protection than genetic data. It cannot be collected, stored, or processed without explicit, informed, and revocable consent (Opt-In only).

3. Freedom from Interference: No technology may be used to alter a person's neural activity, cognitive state, or emotions without their direct consent. To ensure compliance with this prohibition, the source code and algorithms of any neuro-interface device must be certified by an accredited independent third-party auditor to verify the absence of subliminal manipulation patterns before market release.

Art. 2.

1. Ban on Neuro-Surveillance: It is prohibited for employers to require employees to wear neural monitoring devices to measure attention, fatigue, stress, or emotional engagement.

2. Non-Discrimination: Refusal to submit to neural monitoring cannot be grounds for termination, demotion, or failure to hire.

3. Exception for Safety-Critical Roles: Neural monitoring is permitted ONLY for specific tasks where a lapse in attention poses an immediate threat to human life (including pilots, long-haul truckers, and nuclear plant operators), provided that:

a) Black Box Standard: Data is encrypted immediately upon collection. The decryption keys shall be held solely by the competent aviation or safety regulatory authority. The employer shall have no technical capability to decrypt or access this data for performance reviews.

b) Real-Time Alerts: Unencrypted processing is limited strictly to local, ephemeral analysis required to trigger immediate safety alerts, after which the raw data must be irreversibly discarded or encrypted per subsection (a).

Art. 3.

1. Prohibition of Sale: The sale, licensing, or transfer of raw or processed Neuro-Data to third parties, including data brokers, advertisers, and insurance companies, is prohibited. Consent forms purporting to authorize such sale are null and void.

2. Neuro-Profiling Ban: It is prohibited to use data derived from Brain-Computer Interfaces (BCIs) to create psychometric profiles for targeted advertising.

3. Right to Unmodified Experience: Users of BCI devices have the right to access digital content without their neural reactions being monitored for commercial optimization.

4. Scientific Exception: The provision of Neuro-Data in exchange for compensation within the context of non-commercial academic or clinical research, approved by a recognized Ethics Committee, does not constitute a prohibited sale. This exception explicitly excludes commercial market research or product testing.

Art. 4.

1. Protection Against Self-Incrimination: Brain scans, neural decoding, or "Brain Fingerprinting" cannot be compelled by law enforcement or courts. The fundamental right against self-incrimination extends absolutely to the contents of the mind and subconscious physiological reactions.

2. Inadmissibility: Evidence obtained through non-consensual neural monitoring is inadmissible in any court of law or administrative proceeding.

3. Safety Investigation Exception: Notwithstanding paragraphs 1 and 2, Neuro-Data collected lawfully under Art. 2.3 (Safety-Critical Roles) is admissible solely in proceedings conducted by official transport safety investigation bodies for the purpose of determining the cause of an accident or incident.

Art. 5.

1. Supervisory Authority: The national Data Protection Authority (DPA) shall establish a specialized Neuro-Rights Division responsible for enforcing this Act. The Division shall be funded directly by the State Budget to ensure its independence from the entities it regulates.

2. Administrative Fines: Violations of Art. 2 or Art. 3 are subject to administrative fines of up to 20,000,000 EUR or 4% of the entity's total worldwide annual turnover, whichever is higher. Fines collected shall be deposited into the General Treasury.

3. Criminal Liability: Any person who forcibly implants a neural device or uses neuro-technology to intentionally alter another person's behavior against their will commits a felony punishable by imprisonment for a term of not less than 5 years.

4. Medical Exception: Nothing in this Act shall be construed to impede the lawful development, prescription, or use of regulated medical devices intended for the diagnosis, treatment, or rehabilitation of medical conditions.

EXPLANATORY MEMORANDUM (EXPOSÉ)

1. THE PROBLEM

Neurotechnology is advancing rapidly. Devices like Neuralink or consumer wearables will soon allow entities to access thoughts, emotions, and subconscious reactions. Without regulation, this creates a significant risk of intrusive surveillance where employers monitor workers' mental states in real-time, and advertisers bypass rational defenses to target subconscious desires.

2. THE OBJECTIVE

This Act establishes "Cognitive Liberty" as a fundamental human right. It draws a red line: our biology may be digitized, but our minds remain private. It preemptively bans "Neuro-Bossware" and ensures that Brain-Computer Interfaces serve the user, not the data broker. By imposing GDPR-level sanctions, it forces the tech industry to adopt "Privacy by Design" in neuro-tech development.

3. ECONOMIC & SOCIAL IMPACT

Adoption of this Act will significantly impact the business models of neuro-tech startups relying on the monetization of user data ("Surveillance Capitalism"). This disruption is intentional. Just as the abolition of child labor disrupted 19th-century manufacturing, the abolition of "Neuro-Harvesting" is a necessary cost to preserve human agency. While commercial exploitation is restricted, the Act provides safe harbor for medical and academic research, ensuring that science flourishes while predatory practices are curbed.