Тъмната страна на Силата: невротехнологиите и неприкосновеността на менталната информация
The dark side of the Force: neurotechnology and the privacy of mental information

Summary/Abstract: The research paper examines the concept of the right to mental privacy, comparing it with the protection afforded by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights or ECHR), arguing that the right to mental privacy, although new in legal doctrine, should be considered part of the right to respect for private and family life. To this end, the paper traces the development of neurotechnology and the invasion of privacy as the main reason for the emergence in doctrinal literature of the idea of a right to mental privacy, which aims to guarantee the inviolability of mental information. In this regard, the study analyses Article 8 of the ECHR and the guarantees it provides for the protection of individuals in cases involving the collection, processing, storage, and sharing of neural data and mental information without consent. The paper also raises the question of what are the positive obligations of the Contracting States under Article 8 of the ECHR in the context of the right to mental privacy and reflects on the course that national law should take in order to guarantee the mental privacy of citizens in their interactions with private corporations.

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