Legal and Ethical Policies for Human Brain-Computer Interfaces Storage in The Cloud Era: Privacy Rights Protection and Neurological Data Treatment

Abstract

This study examines the legal and ethical implications of storing human brain memory through Brain–Computer Interfaces (BCIs) integrated with cloud systems, with a focus on privacy rights protection and neurological data governance. Using a qualitative research design with a juridical-normative and technological ethics approach, this study analyzes regulatory gaps, ethical challenges, and technological risks associated with neurodata. Data were obtained through a literature review, normative legal analysis, and a comparison of international data protection frameworks. The findings reveal three key issues: the absence of specific legal regulations governing neurodata as a super-sensitive category; ethical concerns related to mental rights, cognitive autonomy, and the potential misuse of memory data; and technological vulnerabilities, including security breaches, unauthorized access, and commercial exploitation of neurodata by cloud service providers. The study argues that neurodata requires a dedicated regulatory framework supported by strict ethical principles and sophisticated security mechanisms. The study concludes that a comprehensive policy combining legal standards, ethical safeguards, and technological safeguards is urgently needed to ensure that cloud-based BCI systems do not compromise human dignity, mental integrity, and fundamental privacy rights.