ESPAÑOL

Abstract

Treatment of neurodata in Chile. Analysis of jurisprudence on the first ruling of the Supreme Court that applies the Constitutional reform of article 19 No. 1, fourth paragraph. that resolving appeal of Protection Appeal, in case Rol 105065/2023 titled GIRARDI/EMOTIV.INC. establishes a jurisprudential criterion on the use and collection of information related to neurological activity. The protection resource is deducted against the international company Emotiv Inc., for the commercialization of its product “Insight”. Wireless device that collects information about the electrical activity of the brain, obtaining data on gestures, movements, preferences, reaction times and cognitive activity of the user. The appellant denounces that: “this device does not adequately protect the privacy of the brain information of its users, violating the constitutional guarantees contained in paragraphs 1, 4 and 24 of article 19 of the Political Constitution of the Republic.” The respondent company points out in its defense (...) “that it not only fully complies with Chilean regulations, but is also governed by the General Data Protection Regulation of the European Union, stricter than the local regulation.