Neuro-Cybersecurity and the Future of Cognitive Rights: Legal Foundations for the Protection of the Human Mind in the Digital Age
Year: 2026
Type: article
Abstract: As neurotechnologies move from the R&D (research and development) phase toward eventual commercialization, the human mind is becoming a research target - within digital ecosystems. Brain-computer interface (BCI), neural wearables, and AI cognitive diagnostics and analytics leave open a myriad of legal and ethical questions looking at the acquisition, manipulation, and commodification of mental data. Previous frameworks in data protection, as demonstrated by privacy and data protection laws, consider neural signals in the same category as other forms of sensitive information. The challenge is that while neural signals may resemble personal data, they are different in important respects - especially in terms of the privacy and predictive power associated with brain-derived input. This paper introduces the notion of neuro-cybersecurity as a new legal space, one where the objective is not to protect just devices or data but cognitive integrity - our minds. Our hopeful perspective is need to be reimagining the legal architecture to a world where neural data are deposits for autonomous control for a neural right of cognitive sovereignty, where security obligations must be applied as a security-bydesign for neurotechnologies, where cognitive spoofing, neural data hijacking, and synthetic thought injection should become criminal acts. Using what we hope is a transdisciplinary dialogue on the subjects of law, neuroscience, cybersecurity and AI ethics we present a model for how we might sow the seeds to move from nurturing rights and ownership of the mind through philosophic legitimacy to effective legal protections. The article concludes with a call for a Convention on Mental Sovereignty and Neuro-Cyber Resilience, because the right to cognitive liberty should not face the same fate as physical liberty in the face of technologically-enabled progress, unless we as a legal and societal collective look to protect what exist before it is lost.
Authors: Loredana Terec-Vlad, Andreea Rusu
Institutions: Ştefan cel Mare University of Suceava, Romanian Academy
Language: English
Subfield: Philosophy
Field: Arts and Humanities
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7168128483